Work Permit EAD Rules Tightened for Parolees and Deferred Action
Hundreds of thousands of immigrants in the US who work legally under special work permits may soon lose that right. The federal government has proposed new rules that would cut off work authorization for parolees, people with deferred action, and immigrants with final deportation orders who were released while waiting for removal. If the rules take effect, the impact could reach into the billions of dollars — and into the daily lives of people who have been working and paying taxes for years.
What is changing and who is affected
The Department of Homeland Security (DHS) has proposed new rules that would make it harder for certain immigrants to get or keep a work permit — officially called an Employment Authorization Document, or EAD (Form I-765). The people most affected fall into three groups: immigrants paroled into the US for humanitarian reasons, immigrants who received deferred action (a temporary decision by the government to delay their deportation), and immigrants who have a final deportation order but were released under an Order of Supervision (OSUP) — meaning ICE let them stay temporarily while waiting for their home country to accept them.
Under the proposed changes, DHS would add new requirements before approving a work permit for these groups. For example, immigrants with a final deportation order who want a work permit would need to show that every country DHS contacted has refused to issue travel documents — not just that removal has been delayed. Immigrants applying under deferred action would still need to prove economic necessity, but the process would become stricter. All applicants in these categories would also be required to submit biometrics (fingerprints and photos) at an Application Support Center (ASC). The filing fee for Form I-765 (the work permit application) is $520 for paper filing in 2026.
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What the One Big Beautiful Bill Act changed for parolees
A major law signed on July 4, 2025 — called the One Big Beautiful Bill Act (Public Law 119-21) — already changed the rules for parolees. Under that law, a work permit issued to a parolee is now valid for only 1 year, or for however long the parole lasts — whichever is shorter. Before this law, parole-based EADs were generally valid for the full parole period, which could be longer. USCIS announced the new fees required by this law on July 22, 2025, applying to applications postmarked on or after that date. The proposed rule being discussed now would go even further, adding new eligibility requirements on top of what the law already changed.
DHS estimates that removing work authorization from these groups could cost billions of dollars in lost wages over 10 years. The agency projects that between roughly 37,000 and 106,000 people per year could be affected across all three categories. These are people who currently work legally in the US and pay taxes. If the rule takes effect, their employers would also face costs — including turnover costs estimated at between $8,096 and $18,243 per worker replaced.
What to do
- Check which category your current work permit falls under. If your EAD was issued under category (c)(11) (parole), (c)(14) (deferred action), or (c)(18) (order of supervision), you may be directly affected by these proposed changes.
- If you are a parolee, check the expiration date on your EAD carefully. Under the 2025 law, your work permit may now expire sooner than you expected — either at 1 year or when your parole ends, whichever comes first.
- Submit your Form I-765 renewal early. Lawyers recommend filing at least 180 days before your current EAD expires to avoid a gap in work authorization.
- Consult an immigration lawyer before the rule becomes final. This is still a proposed rule — meaning the public can comment on it. An attorney can help you understand your rights and whether you qualify under the new criteria.
Fishkin Law Firm, New York
If your EAD falls under category (c)(11), (c)(14), or (c)(18), do not wait for the final rule to act — file your renewal as early as USCIS allows, because a gap in work authorization can have serious consequences for your immigration status and employment. Parolees should also verify whether the July 2025 law has already shortened their EAD validity period, since many received no direct notice of this change. Given the complexity of these overlapping rule changes, consulting an immigration attorney before your next renewal is strongly advisable.