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Certain Afghan and Ukrainian Parolees May Use Form I-94 to Establish Work Authorization

On Monday, USCIS announced that certain Afghan and Ukrainian parolees are able to use their Form I-94 to establish work authorization for 90 days.

Background

Congress recently passed a law stating that parolees from Afghanistan and Ukraine should be treated as refugees. As refugees, they are entitled to certain public services and funds as well as work authorization incident to status. A refugee can present a Form I-94 with an admission code of "RE" which is treated as a List A document and gives the bearer 90 days of work authorization. At the conclusion of that period, the individual must present either a Form I-766 or combination List B document and Social Security Card. Under this new guidance, those who meet the below criteria will be able to present a Form I-94 as a List A document.

USCIS Guidance

If an individual meets the following criteria, they may use a Form I-94 as a List A document to establish work authorization.

If the individual is a citizen of Ukraine or Afghanistan, and they present a Form I-94 showing a class of admission of UHP or OAR, they can present it as a List A document to establish work authorization.

If the individual is a Ukrainian citizen, and presents a Form I-94 showing a class of admission of DT and the Form I-94 was issued between February 24, 2022 and September 30, 2023, they can present it as a List A document to establish work authorization.

At the conclusion of the 90 day period, just like refugees (under section 207), individuals who present the Form I-94 must reverify with either a Form I-766 or combination List B document and Social Security Card.

Source: U.S. Citizenship and Immigration Services

Posted: November 23, 2022


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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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