February 5, 2023

Volume XIII, Number 36

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February 03, 2023

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February 02, 2023

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USCIS: Employment Authorization for Certain Ukrainian, Afghan Parolees

USCIS has announced that Ukrainian and Afghan parolees with certain classes of admission are employment authorized incident to status which means they can begin working without an EAD.

Covered individuals include:

  • Afghan parolees and qualifying family members with an unexpired Form I-94, Arrival/Departure record, with a class of admission “OAR”

  • Ukrainian parolees and qualifying family members with an unexpired Form I-94 with a class of admission “UHP”

  • Ukrainian parolees and qualifying family members with an unexpired Form I-94 with a class of admission “DT” if issued between February 24, 2022, and September 30, 2023, and the document indicates Ukraine as the country of citizenship

For the covered parolees, the I-94 serves as an acceptable List A receipt that shows identity and work authorization for purposes of Form I-9, Employment Verification Eligibility. No foreign passport is needed for the initial I-9 under the guidance—only the I-94 is recorded as a receipt in List A.

Within 90 days of hire (or reverification), however, the employee must present:

  • An unexpired Employment Authorization Document (EAD); or

  • An unrestricted Social Security card and a List B identity document.

To receive an EAD, both Ukrainian and Afghan parolees must apply for one using Form I-765, Application for Employment Authorization. But, like refugees, there is no fee for the initial EAD.

Ukrainian and Afghan parolees are advised by USCIS to find and print their I-94 documentation on the Customs and Border Protection I-94 website by entering their passport or Alien Identification Number (A#).

Jackson Lewis P.C. © 2023National Law Review, Volume XII, Number 332
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About this Author

Amy Peck Immigration Attorney Jackson Lewis
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National...

(402) 391-1991
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