Which Ukrainian Parolees and Immediate Family Members are Employment Authorized Incident to Parole?

USCIS recently announced that beginning Feb. 27, 2024, certain Ukrainian citizens and their immediate family members who were displaced by the Russian invasion and paroled into the United States on or after Feb. 11, 2022, will be able to request an extension of parole (also known as re-parole) for up to two additional years. Employees that are approved by USCIS for re-parole should print a copy of their electronic Form I-94, Arrival/Departure Record, from the CBP I-94 Website.  If re-parole was approved, the updated I-94 will show a class of admission of “UHP.”

The following parolees are employment authorized incident to their parole (or re-parole) and may present their unexpired Form I-94 as an acceptable List A receipt that temporarily shows identity and employment authorization for Form I-9, Employment Eligibility Verification:

• Employees whose unexpired Form I-94 shows a class of admission of “UHP” and a most recent date of entry on or before Sept. 30, 2024;* or
• Employees whose unexpired Form I-94 contains a class of admission of "DT" issued between Feb. 24, 2022, and Sept. 30, 2024, and indicates Ukraine as the country of citizenship on the document.*

Employees whose unexpired Form I-94 contains a class of admission described above may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I-9. Within 90 days from the date of hire (or reverification, when employment authorization expires), your employee must present an unexpired EAD or a combination of an unrestricted Social Security card** and an unexpired List B identity document from the Form I-9 List of Acceptable Documents. To avoid unfair documentary practices and unlawful discrimination, employers should not request more or different documents than are required to verify employment authorization and identity, including evidence of family relationship and citizenship.

Employees with re-parole should provide their downloaded and printed electronic Form I-94 available from the CBP I-94 Website to their employers and not the tear-off Form I-94 found on the re-parole approval notice. The information on the tear-off Form I-94 does not contain the most recent date of entry. However, that information can be found on the Form I-94 available from the CBP I-94 Website.

* Such employees who are paroled after Sept. 30, 2024, must provide an unexpired EAD (or other acceptable documents from the Lists of Acceptable Documents). 

Reverification of Re-Paroled Employees

An existing employee who requires reverification may have presented an EAD that is now expired. In such a case, the employee may present an unexpired Form I-94 available from the CBP I-94 Website that indicates a class of admission of “UHP” and a most recent date of entry on or before Sept. 30, 2024, as an acceptable List A receipt that temporarily shows identity and employment authorization for up to 90 days. Within 90 days of the date the EAD expired, the employee who presents this Form I-94 must present an unexpired EAD or an unrestricted Social Security card** and an unexpired List B identity document to the employer.

**A Social Security card that contains no employment restrictions may not be available to individuals who are not admitted to the United States on a permanent basis. See https://www.ssa.gov/ssnumber/cards.htm.

Helpful Resources

• Visit the USCIS Information for Ukrainian Nationals page to learn more about available immigration options for certain Ukrainians and their immediate family members at uscis.gov/ukraine.
• See Form I-9 Acceptable Documents at uscis.gov/i-9-central/form-i-9-acceptable-documents.
• The Immigrant and Employee Rights Section (IER) of the U.S. Department of Justice’s Civil Rights Division provides helpful resources to ensure employers are aware of what they may and may not lawfully ask employees during the hiring, firing, and recruitment process. For example, employers cannot, based on someone’s citizenship, immigration status, or national origin, request more or different documents than are required to verify employment authorization and identity; reject documents that reasonably appear to be genuine and relate to the employee; or specify certain documents that the worker should present. To learn more, please visit justice.gov/crt/immigrant-and-employee-rights-section.
• The U.S. Equal Employment Opportunity Commission enforces federal equal employment opportunity laws that prohibit employment discrimination against applicants, employees, and former employees. To learn more about workplace discrimination, visit eeoc.gov/overview.