Work Permit EAD Rules Tightened for Parolees and TPS Holders
Hundreds of thousands of immigrants who rely on work permits to stay employed legally in the US are facing a major policy shift. The federal government is proposing new rules that would cut work permit validity, add biometrics requirements, and strip work authorization from some groups entirely. If you are a parolee, TPS holder, or have deferred action, this directly affects your ability to work.
What Is Changing and Who Is Affected
The US government is proposing major changes to who can get a work permit — officially called an Employment Authorization Document, or EAD (Form I-765). Three groups are at the center of this proposed rule: people paroled into the US for humanitarian reasons, people with deferred action (a temporary government decision to delay deportation), and people who have a final removal order but were released under supervision. All three groups currently have a path to work legally in the US. That path may soon get much harder or disappear entirely.
Under a law signed on July 4, 2025, the validity period for an EAD issued to parolees is now capped at one year — or the length of the parole period, whichever is shorter. The same cap applies to people with Temporary Protected Status (TPS), a program that lets nationals of certain countries stay and work in the US when their home country faces a crisis. This means that even if you were previously approved for a longer work permit, renewals going forward will be shorter and must be filed more often.
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The proposed rule also adds a new biometrics requirement. If the rule becomes final, anyone applying for an EAD under the discretionary categories — including parolees and deferred action holders — will need to appear in person at an Application Support Center (ASC) to give fingerprints and other biometric data. This adds time and cost to the process. The filing fee for Form I-765 is $520 in 2026. Missing a biometrics appointment could delay or end your application.
What to Do
- Check your current EAD expiration date now. If you are a parolee or TPS holder, your next renewal may be shorter than your last one — plan ahead and file early.
- Watch for the final rule publication in the Federal Register. The proposed rule is not yet law, but it signals what is coming. Sign up for USCIS alerts at uscis.gov.
- If you have deferred action or are on an order of supervision, talk to an immigration lawyer before your EAD expires. Your eligibility to renew may change under the new rules.
- Budget for the $520 I-765 filing fee and set aside time for a required biometrics appointment at your local ASC if the rule becomes final.
A full breakdown of this topic — in our guide “PERM Labor Certification”.
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If you hold an EAD under a discretionary category — especially parole or deferred action — you should treat your current card as potentially your last long-term authorization and plan for annual renewals going forward. Under the new statutory caps, USCIS cannot issue work permits longer than one year for these groups, so a lapse in status is a real risk if you file late. Consult an immigration attorney before your card expires to assess whether a different immigration status might offer more stability.
Frequently Asked Questions
I have TPS. Will my work permit be shorter now?
Yes, under a law signed on July 4, 2025, TPS work permits are now capped at one year or the length of your TPS designation — whichever is shorter. You will need to renew more often than before.
What is the filing fee for a work permit (EAD) in 2026?
The filing fee for Form I-765 (the work permit application) is $520 in 2026.
I have deferred action. Can I still get a work permit?
Currently, yes — people with deferred action can apply for an EAD if they show economic need. But the proposed rule may change or eliminate this option. Watch for the final rule and talk to an immigration lawyer if your EAD is expiring soon.
What is a biometrics appointment and do I have to go?
A biometrics appointment is a visit to a USCIS Application Support Center (ASC) where you give fingerprints and other identifying information. Under the proposed rule, this would be required for all discretionary EAD applicants. Missing it could delay or deny your application.