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Clarification of Discretionary Employment Authorization for Certain Aliens
Plain English Summary
The Department of Homeland Security (DHS) is changing the rules for certain non-citizens who want to work in the U.S. This affects individuals who are in the country temporarily for urgent humanitarian reasons, have been granted deferred action, or are under supervision after a removal order. DHS will now limit who can get work permits, especially for those with criminal records. Agents should be aware of these changes and advise clients accordingly.
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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.