UPDATE: Additional Category of Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole
On June 8, 2023, USCIS announced that certain additional Afghan parolees are employment authorized incident to parole. This updated guidance applies to certain Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of "PAR" and indicates Afghanistan as the country of citizenship on the document, if their parole has not been terminated.
This additional category is added to the list of Afghan and Ukrainian parolees that were previously announced on November 21, 2022, as employment authorized incident to parole. With the addition of this additional category, the following Afghan and Ukrainian parolees are employment authorized incident to their parole:
- [NEW] Eligible Afghan parolees with one of two pending applications with USCIS (Form I-485, Application to Register Permanent Residence or Adjust Status or Form I-589, Application for Asylum and for Withholding of Removal) will be considered for an extension of their initial parole and employment authorization for up to two years. These employees who have a category C11 Employment Authorization Document (EAD) will receive a Form I-797C, Notice of Action, indicating that the validity of their originally issued category c11 EAD is extended. The I-797C will also indicate that their initial parole is extended. Please see Certain Afghan Nationals to Maintain Parole and Employment Authorization for more information.
- Employees whose unexpired Form I-94 contains a class of admission of "PAR" and indicates Afghanistan as the country of citizenship on the document may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I-9;
- Employees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of "UHP" or "OAR" on the document may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I-9, Employment Eligibility Verification; and
- Employees whose unexpired Form I-94 contains a class of admission of "DT" issued between Feb. 24, 2022, and Sept. 30, 2023, and indicates Ukraine as the country of citizenship on the document may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I-9.
Within 90 days of hire (or in the case of reverification, the date employment authorization expires), the employee must present either:
- An unexpired Form I-766, Employment Authorization Document (EAD); or
- An unrestricted Social Security card[1] and a List B identity document from the Form I-9 List of Acceptable Documents.
Individuals who received a Form I-94 at the time of entry into the United States should visit the I-94 Website to view and print a copy of their I-94.
This policy covers these populations if their parole has not been terminated by DHS.
For more information visit the USCIS Temporary Workers page.
[1] A Social Security card that contains no employment restrictions may not be available to individuals who are not admitted to the United States on a permanent basis. See https://www.ssa.gov/ssnumber/cards.htm.
