Lawyer Reacts to USCIS’s Announcement that Certain Afghan & Ukrainian Parolees are Authorized to Work Incident to being Paroled

Hello, my name is Rod Armande, an immigration and personal injury attorney at Rod Armande Law located in Los Angeles, California. I have some great news to share for Afghan and Ukrainian parolees (persons who were paroled into the United States by a border patrol officer at the U.S. border).

The U.S. Congress recently passed laws that make Afghan and Ukrainian parolees eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). Specifically, USCIS is providing the benefits of employment authorization incident to status normally accorded to refugees, which means no-fee for initial (and replacement of an initial) EAD for Afghan and Ukrainian parolees.

1) Well, what does this really mean?

It means effective November 21, 2022, Ukrainian and Afghan parolees (persons who were paroled into the United States by a border patrol officer at the U.S. border), and their qualifying family members, with certain classes of admission are automatically considered authorized to work — they do NOT need to wait for USCIS to approve their Form I-765, Application for Employment Authorization, before they can begin to work in the United States.

2) Why is this great news?

This is great news for Ukrainian and Afghan nationals who have been designated as parolees (“paroled” into the United States) because the approvals for Form I-765, Applications for Employment Authorization (“EADs”) are typically taking up to a year or longer. During this year or longer waiting period, EAD applicants have to wait until they receive the approval and EAD card before they can begin to work in the United States with authorization.

3) Who does this new USCIS policy apply to?

This updated policy guidance applies to the following individuals, if their parole has NOT been terminated:

• Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of “OAR".” If you are an Afghan parolee covered under section 2502(b), P.L. No. 117-43 who did not receive an “OAR” class of admission on your Form I-94, please email U.S. Customs and Border Protection at oawi94adjustments@cbp.dhs.gov to update your class of admission, if appropriate;

• Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “UHP”; and

• Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “DT” issued between February 24, 2022 and September 30, 2023, and indicates Ukraine as the country of citizenship on the document.

4) What do I show my employer?

If you fall in the above categories, your unexpired Form I-94 is an acceptable receipt that you may present to your employer to show your identity and employment authorization (Form I-9, Employment Eligibility Verification). This receipt satisfies the Form I-9 requirement for 90 days from the date of hire (or in the case of reverification, the date employment authorization expires).

5) What if you don’t have a copy of your Form I-94?

Individuals who received a Form I-94 when they entered the United States should visit the U.S. Customs and Border Protection’s Form I-94 page to view and print a copy of their Form I-94. If you do not have a passport, you can use your A-Number to obtain your Form I-94 online at this site by choosing “Get Most Recent I-94.” Enter your A-Number in the Document Number field and enter your country of citizenship or “USA” in the Country of Citizenship field.

6) What happens after 90-day period?

Parolees must present an EAD or unrestricted Social Security card and acceptable List B identity document from the Form I-9 Lists of Acceptable Documents (such as a state-issued driver’s license or identification card).

7) What if you want the physical EAD Card?

Ukrainian and Afghan parolees must still file a Form I-765 to receive a physical EAD.

8) Is there a fee?

No. Effective December 5, 2022, USCIS will be able to process fee exemptions for online filings of Form I-765 for eligible Ukrainian and Afghan parolees. USCIS encourages the use of online filing for more efficient processing.

I understand how important having an EAD means. An EAD means being able to work and get a driver’s license/identification card and other benefits for you and your loved ones. I hope you find this blog helpful!

This is not legal advise. Consult an attorney if you have any questions.