What USCIS Published and When
On Friday, June 5, 2026, U.S. Citizenship and Immigration Services published a notice of proposed rulemaking in the Federal Register titled Clarification of Discretionary Employment Authorization for Certain Aliens. The proposal appears at 91 FR 34352, carries Federal Register document number 2026-11285, and is tracked under DHS Docket No. USCIS-2026-0067 and Regulatory Identification Number 1615-AC98. It was placed on public inspection on June 4, 2026, and would amend three parts of the immigration regulations: 8 CFR Part 106, Part 241, and Part 274a.
In plain terms, the proposed rule would make it harder for three groups of noncitizens to qualify for a work permit that USCIS grants as a matter of discretion. A work permit, formally called an Employment Authorization Document and issued on Form I-765, is what allows a noncitizen to work lawfully in the United States. For some people, work authorization flows automatically from a status that Congress created, such as lawful permanent residence or asylum. For others, work authorization is discretionary, meaning USCIS decides case by case whether to grant it. This proposed rule is about that second, discretionary group.
Key Takeaway: This is a proposed rule, not a final rule. It does not change the law today, and it does not cancel any work permit anyone currently holds. USCIS is taking written public comments through August 4, 2026. If the agency later issues a final rule, that rule will have its own effective date. The proposal would limit discretionary work permits for people on humanitarian or significant public benefit parole, people granted deferred action, and people with a final order of removal released on an order of supervision. If you hold a valid work permit or have a pending I-765 in one of these categories, do not stop working and do not give up your card based on this proposal. Talk to a qualified immigration attorney about your specific case.
The Three Groups the Proposal Targets
The proposed rule reaches three discretionary work-permit categories defined in the regulation at 8 CFR 274a.12(c).
Parole, the (c)(11) category. This covers noncitizens who were paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit. The proposal would limit and clarify when those parolees can receive a discretionary work permit. In eastern Massachusetts this category reaches a meaningful number of people, including some who entered through humanitarian parole processes and others paroled at a port of entry, several of whom I have written about previously in connection with the litigation over the CBP One parole program.
Deferred action, the (c)(14) category. Deferred action is a decision not to pursue removal against a person for a period of time. People in this category include certain humanitarian deferred action recipients and others who hold deferred action as a discretionary protection. The proposal would limit and clarify eligibility for a discretionary work permit tied to deferred action. This sits alongside other recent agency moves narrowing deferred action that I have covered on this blog.
Orders of supervision, the (c)(18) category. This covers noncitizens against whom a final order of removal exists but who have been temporarily released from custody on an order of supervision because they cannot be immediately removed. The proposal goes furthest here. It would eliminate discretionary work authorization for this group, subject to one narrow exception described in the rule. The proposal also addresses noncitizens who have been granted deferral of removal under the regulations implementing the Convention Against Torture, a protection for people who would more likely than not face torture if returned.
A New Emphasis on Criminal History
Beyond the three categories, the proposed rule would write criminal history more directly into the discretionary decision. Under the proposal, an applicant who admits to committing, has been arrested for, or has been convicted of certain criminal acts would not warrant a favorable exercise of discretion for one of these work permits unless there are significant countervailing public interests. The rule states that those countervailing interests may include assisting law enforcement activity in the United States. The proposal also discusses biometrics submission, the use of E-Verify in connection with renewals, economic necessity, filing fees, and the circumstances under which a work permit would terminate automatically.
This Is a Proposal, Not Yet Law
This point deserves its own section because the headlines will not always make it clear. A notice of proposed rulemaking is a step in a process, not the end of it. Under the Administrative Procedure Act, the agency must publish the proposal, give the public a chance to comment, consider the comments it receives, and then decide whether to issue a final rule. Only a final rule with an effective date changes what the regulations require. The June 5 document is the proposal. It tells the public what USCIS wants to do and invites comment.
What that means for real people right now is straightforward. The current eligibility rules for these work permits still apply. A valid Employment Authorization Document in your wallet is still valid. A pending I-765 is still adjudicated under today's rules. No deadline in this proposal requires anyone to stop working, to leave the country, or to surrender a card. The most important mistake to avoid is acting on a proposal as if it were already final.
What This Could Mean for Massachusetts Humanitarian Clients
The populations I serve in eastern Massachusetts include many people who depend on exactly the discretionary work permits this proposal targets. Brazilian, Haitian, Cape Verdean, and Central American families in communities such as Framingham, Marlborough, Milford, Lowell, and Lynn include parolees, deferred action recipients, and people living under orders of supervision while their cases work through the system. For these families, a work permit is not a convenience. It is the difference between paying rent lawfully and being pushed into the cash economy, and in many cases it is also tied to a driver's license and to lawful presence for other purposes.
If a final rule eventually adopts what the proposal describes, the practical effects would land hardest on people with a final order of removal on an order of supervision, because the proposal would eliminate the discretionary work permit for that group with only a narrow exception. Parolees and deferred action recipients would face a tighter and more skeptical discretionary review, with criminal history weighing more heavily against approval. None of that is law yet. The value of understanding the proposal now is that it gives clients and counsel time to assess each case, to gather documentation of positive equities, and to consider whether a different and more durable form of relief may be available before any final rule takes effect.
How to Comment Before August 4, 2026
Public comment is open. Written comments must be submitted on or before August 4, 2026, through the federal eRulemaking portal at regulations.gov under DHS Docket No. USCIS-2026-0067. Comments must be in English or include an English translation. USCIS has said it will not accept comments sent by email, by mail, by hand delivery, or on digital storage devices, so the portal is the only avenue that counts. The agency has indicated that the most useful comments reference a specific part of the proposed rule, explain the reason for the recommended change, and include supporting data, information, or legal authority. Affected workers, employers, family members, and community organizations are all permitted to comment, and a well-documented comment from someone with direct experience can carry real weight in the record.
What to Do Now
Keep working if you hold a valid work permit. This proposal does not revoke any existing Employment Authorization Document. Continue to comply with the terms of your status and keep your card and any receipt notices in a safe place.
File or renew on time. If you are eligible to apply for or renew a work permit under the current rules, talk to counsel about doing so now rather than waiting. Today's rules govern today's filings, and timely renewal protects against gaps in authorization.
Get a full case review if you are in one of the affected categories. Parolees, deferred action recipients, and people on orders of supervision should ask whether a more durable form of relief, such as asylum, adjustment of status, a U visa, a T visa, VAWA, or another pathway, may be available. A discretionary work permit is valuable, but a stable underlying status is more valuable.
Consider submitting a comment. If this proposal would affect you or your family, your firsthand account submitted through regulations.gov by August 4, 2026 becomes part of the official record the agency must consider.
Be careful with any prior arrest or charge. Because the proposal would weigh criminal history more heavily, anyone with an arrest, charge, or conviction in any of these categories should have a complete attorney-led analysis before filing anything with USCIS.
Frequently Asked Questions
Worried about your work permit? Let's talk before the rule is final.
The June 5, 2026 USCIS proposed rule would restrict discretionary work permits for people on humanitarian or significant public benefit parole, deferred action, and orders of supervision. It is a proposal, not yet law, and no one should stop working or give up a valid card because of it. My Massachusetts humanitarian immigration practice helps parolees, deferred action recipients, and clients in removal proceedings protect their work authorization and pursue more durable forms of relief, with service across the Boston, Lawrence, and Newark areas. Contact me today for a free, confidential consultation.
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