BIG has previously reported on regulatory changes to implement legislation passed by Congress in 2022, stating that Afghanistan and Ukraine parolees should be treated as refugees entitled to the benefits of a refugee status – including work authorization incident to such status or admission.

Parolees Employment Authorized Incident to Status

On June 8, 2023 USCIS announced that employees with an unexpired Form I-94, with an admission class of "PAR" and "Afghanistan" as country of citizenship, may present the Form I-94 as an acceptable List A document for Form I-9 purposes.

Additionally, as previously reported, individuals meeting the following criteria may use a Form I-94 as a List A document to establish work authorization:

• A citizen of Ukraine or Afghanistan who presents a Form I-94 showing a class of admission of "UHP" or "OAR", or
• A Ukrainian citizen who 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.

See sample below for an example of an applicable Form I-94:

Reverification

Individuals who present the Form I-94 as outlined above must reverify with, or present within 90 days of hire, either a Form I-766 or combination List B document and Social Security Card.

Source: U.S. Citizenship and Immigration Services

Posted: June 29, 2023

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