USCIS recently announced that, effective Nov. 21, 2022, certain Ukrainian and Afghan parolees are employment authorized incident to their parole. This means that they do not need a Form I-766, Employment Authorization Document, to be employment authorized. This updated policy guidance applies to the following individuals so long as their parole has not expired or been terminated:
- Parolees who have an OAR class of admission (COA);
- Parolees with a UHP COA; and
- Parolees with DT COA who were paroled into the United States between Feb. 24, 2022, and Sept. 30, 2023 and whose I-94 indicates Ukraine as country of citizenship.
These parolees can present a copy of their electronic Form I-94, Arrival/Departure Record, from the U.S Customs and Border Protection I-94 website at i94.cbp.dhs.gov. These parolees may also present one or more of the following documents:
- Paper Form I-94 with an OAR, UHP, or DT COA;
- Foreign passport with parole stamp that includes an OAR, UHP, or DT COA; or
Form I-766, Employment Authorization Document (EAD) with a C11 category, if they have applied for and received one.
If the information from the Form I-94 or other documentation noted above matches federal immigration records, SAVE will provide an initial verification response of Parolee. The response will also include the parole start and end date and COA. It should also include the country of citizenship and that the applicant is employment authorized.
An initial SAVE Parolee response with a UHP or OAR COA, or a DT COA with a parole start date between Feb. 24, 2022, and Sept. 30, 2023, along with Ukraine as the country of citizenship, is sufficient proof of employment authorization; additional verification is not necessary. However, additional verification may be required in limited circumstances, such as when the applicant information submitted by the user agency does not match federal immigration records.
For more information, see the USCIS announcement.