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 attorneys are available to assist you regarding Form I-9 processes and procedures.