US proposal may deny work permits for arrests, lawyers warn

A new U.S. proposal allows denial of Employment Authorization Document (EAD) based on any arrest, not just conviction.

The rule applies to OPT, STEM OPT, and H4 visa holders; H-1B holders are exempt as they do not use EAD.

An arrest for minor offenses like a traffic violation or mistaken arrest could block work permits even without conviction.

Immigration attorney Emily Neumann noted the public comment deadline is August 4, 2026.

Secretary of State Marco Rubio’s past teen arrest for drinking beer in a park was cited as an example of a minor arrest that could now lead to EAD denial.