Employment Authorized Incident to Status for Ukrainians!

Natalia Kolyada Nelson
November 22, 2022

Effective Nov. 21, 2022, Ukrainian parolees are considered employment authorized incident to parole, which means that they do not need to wait for USCIS to approve their Form I-765, Application for Employment Authorization, before they can work in the United States. This updated policy guidance applies to the following individuals, if their parole has not been terminated:

Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “UHP”; and
Ukrainian parolees 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.

For these parolees, their unexpired Form I-94 is an acceptable receipt they may present to their employer to show their identity and employment authorization.

After the 90-day period, parolees must present an EAD or Social Security. Ukrainian parolees must still file a Form I-765 to receive a physical EAD.

Effective Nov. 21, 2022, USCIS is also exempting the fee to file Form I-765 for Ukrainian parolees filing for an EAD by mail.

Effective Dec. 5, 2022, USCIS will be able to process fee exemptions for online filings of Form I-765 for eligible Ukrainian parolees.

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