The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) proposed new changes to the employment authorization system. Specifically, the proposal targets when certain noncitizens get discretionary immigrant employment authorizations. The proposed changes take effect on April 24, 2026.
Change Details
According to the Federal Register, proposed rule changes are as follows:
- Giving USCIS the power to pause employment authorization document (EAD) acceptance for asylum applicants if their processing exceeds one-hundred-and-eighty days.
- Extending the waiting period to apply for an EAD to one year.
- Making individuals denied asylum claims due to a criminal record ineligible for an EAD.
Scope
The proposed rule applies to the following individuals:
- Individuals that have final orders of removal but are temporarily released under a supervision order.
- Individuals are paroled into the U.S. temporarily for urgent humanitarian or public benefit reasons.
- Individuals granted a differed action.
The DHS explained the changes enhance public safety and national security in a way that preserves the immigration system’s integrity. In short, the proposed rules close any gaps in immigration vetting, ensuring the affected individuals don’t pose any public safety or national security threats. Additionally, the DHS stated refining the employment authentication systems protects American workers from having too many positions taken by foreign laborers.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.