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Proposed RuleSignificantOpen for Comment2026-112852026-06-05

Clarification of Discretionary Employment Authorization for Certain Aliens

Homeland Security Department

Abstract

The Department of Homeland Security proposes to limit and clarify eligibility for discretionary employment authorization for aliens paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit, who have been granted deferred action, or against whom a final order of removal exists and who are temporarily released from custody on an order of supervision. DHS further proposes to specify that aliens applying for employment authorization who admit to committing, have been arrested for, or have been convicted of certain criminal acts do not warrant a favorable exercise of discretion unless there are significant countervailing public interests, which may include assisting law enforcement activity in the United States.

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Submission of Public Comments: Written comments must be submitted on or before August 4, 2026. Comments on the information collection described in the "Paperwork Reduction Act" section of this proposed rule must be received on or before August 4, 2026. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day.

CFR References

Topics

Administrative practice and procedureAliensCitizenship and naturalizationCultural exchange programsEmploymentFeesImmigrationPenaltiesReporting and recordkeeping requirementsStudents

Public Comment

Comments Close
2026-08-04 — Open for comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Parts 106, 241, and 274a [CIS No. 2805-25; DHS Docket No. USCIS-2026-0067] RIN 1615-AC98 ( printed page 34352) AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Department of Homeland Security proposes to limit and clarify eligibility for discretionary employment authorization for aliens paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit, who have been granted deferred action, or against whom a final order of removal exists and who are temporarily released from custody on an order of supervision. DHS further proposes to specify that aliens applying for employment authorization who admit to committing, have been arrested for, or have been convicted of certain criminal acts do not warrant a favorable exercise of discretion unless there are significant countervailing public interests, which may include assisting law enforcement activity in the United States. DATES: Submission of Public Comments: Written comments must be submitted on or before August 4, 2026. Comments on the information collection described in the “Paperwork Reduction Act” section of this proposed rule must be received on or before August 4, 2026. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day. ADDRESSES: You may submit comments on the entirety of this proposed rulemaking package

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Full Document

Citation: 91 FR 34352