In response to recent legislation, USCIS is implementing special provisions for certain Afghan and Ukrainian parolees, ensuring they receive benefits similar to refugees. The legislation specifies that covered parolees are eligible for resettlement assistance, entitlement programs, and benefits available to refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157).
Effective Nov. 21, 2022, USCIS is extending employment authorization incident to parole to eligible Afghan and Ukrainian parolees, including their qualifying family members. This means they can work in the United States without waiting for USCIS approval of their Form I-765, Application for Employment Authorization. This policy applies to specific classes of admission:
- Afghan parolees with an unexpired Form I-94 containing a class of admission of "OAR."
- Ukrainian parolees with an unexpired Form I-94 containing a class of admission of "UHP."
- Ukrainian parolees with an unexpired Form I-94 containing a class of admission of "DT" issued between Feb. 24, 2022, and Sept. 30, 2023, with Ukraine indicated as the country of citizenship.
These parolees can use their unexpired Form I-94 as an acceptable receipt for identity and employment authorization for Form I-9 purposes for 90 days from the date of hire. After this period, they must present an Employment Authorization Document (EAD) or an unrestricted Social Security card along with an acceptable List B identity document from the Form I-9 Lists of Acceptable Documents.
For Afghan parolees under section 2502(b), P.L. No. 117-43, the fee for an initial paper-filed Form I-765 (and a replacement EAD) is waived through Sept. 30, 2023. Effective Dec. 5, 2022, USCIS will process fee exemptions for online filings of Form I-765 for eligible Ukrainian and Afghan parolees. Online filing is encouraged for more efficient processing.
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