Work Permit EAD Rules Are Changing for Parolees and TPS Holders
Hundreds of thousands of immigrants who rely on work permits tied to parole, Temporary Protected Status, or deferred action are facing a major policy shift. The federal government has proposed new rules that would add stricter requirements, shorter validity periods, and mandatory biometrics to the work permit process. For many families, losing a work permit means losing the ability to pay rent — and the clock is already ticking.
What Is Changing and Who Is Affected
The Department of Homeland Security (DHS) has proposed new rules that would make it much harder for certain immigrants to get or keep a work permit — officially called an Employment Authorization Document, or EAD. The people most affected are those who entered the US on parole (temporary permission to be in the country), those with Temporary Protected Status (TPS), and those who have been granted deferred action (a government decision to temporarily delay deportation). If you fall into one of these groups, your ability to work legally in the US could change.
Under the proposed rule, parolees who apply for a work permit on or after July 22, 2025 face new fee requirements and shorter validity periods. The new law — part of what is known as the "One Big Beautiful Bill" signed on July 4, 2025 — limits initial and renewal work permits for parolees to one year, or the length of the parole period, whichever is shorter. For TPS holders, the same one-year cap applies. This is a significant change from past practice, when parole-based EADs were often valid for the full duration of the parole period, which could be longer.
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The proposed rule also adds new requirements for people in all three groups. Everyone applying for a work permit under the affected categories would need to submit biometrics — fingerprints and a photo — at an Application Support Center (ASC). People applying under the deferred action category (known as the (c)(14) category) must also prove economic necessity, meaning they must show they need the income to cover basic living costs. DHS estimates the total cost of these changes to affected workers — including lost wages if permits are denied — could reach tens of billions of dollars over ten years. The agency also acknowledges that employers who currently hire workers in these categories would face costs from employee turnover if those workers lose their work permits.
What to Do
- Check which work permit category your current EAD falls under. Look at the back of your EAD card — the category code is printed there. If it says (c)(11) (parolee), (c)(14) (deferred action), or (c)(18) (order of supervision), you are directly affected by this proposed rule.
- If your parole, TPS, or deferred action status is expiring soon, talk to an immigration lawyer before it expires. Losing your underlying status usually means losing your right to a work permit as well.
- Gather financial documents now if you are in the deferred action (c)(14) category. The proposed rule requires proof of economic necessity — such as pay stubs, bank statements, tax transcripts (IRS W-2 or 1099 forms), or utility bills.
- Watch for the final rule publication in the Federal Register and submit public comments during the comment period if you want your voice heard. Proposed rules are not final — DHS must review public feedback before making changes official.
Fishkin Law Firm, New York
If your work permit is in the (c)(11), (c)(14), or (c)(18) category, you should treat this proposed rule as a serious warning to act now — not after it becomes final. Under the new law already in effect since July 4, 2025, parole-based EADs are capped at one year, so even if your parole was granted for longer, your work permit will not match it. For deferred action holders, the economic necessity requirement means you must document your financial situation carefully — vague or incomplete submissions are likely to result in denial. Consult an immigration attorney to review your specific category and prepare the strongest possible application before any final rule takes effect.