What You Need to Know

• DHS published this proposed rule on June 5, 2026. The public comment period closes on or about August 4, 2026. This is a proposed rule, not a final one — public comments matter.

• Afghan parolees are directly targeted. Afghans who arrived through Operation Allies Welcome and related programs hold work authorization in the (c)(11) humanitarian parole category — the category this rule restricts most aggressively.

• An arrest — not a conviction — is enough to deny a work permit. Under this rule, any arrest for any offense, regardless of outcome, creates a presumptive disqualification. Dismissed charges, acquittals, and sealed records offer no protection.

• Work permit renewals will require E-Verify employers. If an Afghan ally's employer does not participate in E-Verify, that person cannot renew their work permit. Many Afghan allies work for small businesses that do not use E-Verify.

• Work authorization could automatically terminate. If an underlying parole grant is delayed, denied, or not renewed, the work permit terminates automatically — with no separate process or additional notice.

• DHS estimates up to $2.9 billion in lost wages annually for workers affected by this rule. DHS acknowledges those costs will fall on the workers' families, community organizations, and nonprofits.

• The comment period closes on or about August 4, 2026. Submit your comment at regulations.gov, referencing DHS Docket No. USCIS-2026-0067.

What Does the Rule Change?

The rule proposes sweeping changes to three categories of employment authorization:

(c)(11) — Humanitarian and Significant Public Benefit Parole

This is the work authorization category for Afghan allies who arrived through Operation Allies Welcome. Currently, parolees in this category are eligible for work authorization as part of their parole status. Under this rule:

• Parolees must now prove "economic necessity" for employment.

• Parolees must demonstrate they "warrant a favorable exercise of discretion" — a standard USCIS can apply or deny with wide latitude and limited appeal.

• All renewals require an E-Verify-participating employer.

• Work permits are capped at one year.

(c)(14) — Deferred Action

Adds the same discretionary "warrant" standard and E-Verify renewal requirement. DACA recipients are explicitly exempted. Afghan allies on deferred action are not.

(c)(18) — Orders of Supervision

This provision is nearly eliminated. People with final orders of removal who cannot be deported — because the receiving country has refused to accept them — currently can receive work authorization. This rule would end that, with one narrow exception: only if DHS affirmatively documents that all countries have refused. DHS controls that standard.

Across all three categories, the rule adds:

• A criminal history disqualification based on arrest — not conviction. Any arrest for any offense, regardless of outcome, creates a presumptive bar.

• Automatic EAD termination when the underlying parole, deferred action, or supervisory release is denied or terminated.

• Mandatory biometrics submission for all (c) category applicants, adding processing burden and delay.

What Law Is DHS Relying On?

The rule cites broad Secretary of Homeland Security authority under the Immigration and Nationality Act (INA) and the Homeland Security Act of 2002, including:

• INA § 274A(h)(3)(B), which authorizes the Secretary to extend employment authorization by regulation.

• INA § 212(d)(5)(A), which authorizes the Secretary to prescribe conditions on parole.

• The One Big Beautiful Bill Act (H.R. 1, P.L. 119-21), signed July 4, 2025, which imposed one-year validity caps on parolee EADs. The rule uses H.R. 1 as authority to extend similar caps to the other affected categories.

• Executive Order 14159, "Protecting the American People Against Invasion," cited as the policy driver.

The statute has not changed. What has changed is how the administration is directing USCIS to exercise the discretion Congress gave it — and in which direction.

What Is the Government's Justification?

DHS frames this rule as protecting American workers and enforcing immigration integrity. It argues:

• Discretionary employment authorization has been too broadly granted and should require case-by-case justification.

• American workers deserve protection from labor displacement by temporarily-authorized workers.

• Aliens with final removal orders should not be incentivized to remain in the United States through access to work authorization.

These justifications do not hold when applied to Afghan allies. These are people the U.S. government directed to come here. They were brought here through federal programs, told to apply for benefits, and left waiting in backlogs the government itself created. DHS's own data excludes Operation Allies Welcome cases from historical approval-rate averages because OAW approvals were so numerous they skewed the numbers. The rule was designed knowing this population would be its primary target.

Why This Matters for Afghan Allies

Nearly every Afghan ally who arrived through Operation Allies Welcome entered on humanitarian parole — the precise category this rule targets most aggressively.

• The arrest disqualification is especially dangerous for this population. Many Afghan allies have complex backgrounds from living and working in an active conflict zone. Interactions with various factions were often not voluntary. Any contact with law enforcement — regardless of outcome — becomes a presumptive disqualification under this rule.

• The E-Verify employer requirement will force job losses. Many Afghan allies work for small businesses, family-owned firms, and community organizations that do not use E-Verify. They will not be able to renew their work permits even if they are otherwise fully eligible.

• Parole renewal delays can trigger automatic termination. Afghan allies in the Enduring Welcome processing backlog face administrative delays outside their control. A processing delay could automatically strip their work authorization without a separate process or warning.

• There is no Afghan-specific carve-out. The rule contains no exemption for Operation Allies Welcome, Enduring Welcome, or any other Afghan-specific program. Afghan SIV holders who have already received their visas are not directly affected. Afghan parolees — the largest group — are.

What the Law Still Provides

• This is a proposed rule, not a final one. The comment period is open. Comments submitted before August 4, 2026 are part of the official record and must be addressed in the final rule.

• Court orders remain in effect. Where federal courts have issued protective orders for Afghan allies, including in Afghan and Iraqi Allies v. Rubio before Judge Chutkan, those orders carry independent legal weight that a DHS regulatory proposal cannot erase.

• The underlying statutes have not changed. Congress authorized parole-based work authorization. A regulatory proposal cannot override that. Legal challenges, if the rule is finalized, are expected.

What Comes Next

AfghanEvac and its partners are analyzing the proposed rule and coordinating with litigation counsel and Congressional partners. If the rule is finalized as written, legal challenges are expected. This NPRM will become part of the administrative record in ongoing federal litigation regarding the administration's treatment of Afghan allies.

The most immediate action available is the comment period. Comments submitted before August 4, 2026 are legally required to be considered by DHS before any final rule is issued.

Key Takeaways

• This NPRM proposes to restrict or eliminate work authorization for Afghan parolees, deferred action recipients, and people with final removal orders who cannot be deported.

• Afghan allies who arrived through Operation Allies Welcome hold work permits in the (c)(11) category — the primary target of this rule.

• An arrest — not a conviction — creates a presumptive disqualification. Dismissed charges, acquittals, and sealed records do not protect against denial.

• E-Verify employer requirements for renewals will force many Afghan allies out of jobs they hold legally today.

• Work permits can terminate automatically if parole processing is delayed — a risk outside the ally's control.

• DHS's own analysis excludes OAW cases from historical data because they "disproportionately" skewed approval rates upward. This rule was constructed knowing who it would hit.

• This is a proposed rule. The comment period closes August 4, 2026. Comments matter and are legally required to be addressed.

• Afghan allies with current work authorization should consult an immigration attorney about their specific situation.