Eligible Ukrainians May Now Apply for Re-Parole — Visa Lawyer Blog — February 29, 2024

Great news! The U.S. Citizenship and Immigration Services (USCIS) recently announced that eligible beneficiaries of the Uniting for Ukraine program, may apply to renew their parole and employment authorization starting February 27, 2024.

Who is eligible?

Ukrainian citizens and their immediate family members who were paroled into the United States on or after February 11, 2022, can apply for re-parole under the program. Using its discretion, USCIS can grant parole on a case-by-case basis.

To be eligible for re-parole, applicants must demonstrate the following:

• You are a Ukrainian citizen or immediate family member who was paroled into the United States on or after February 11, 2022;
• There are continued urgent humanitarian reasons or a significant public benefit for issuance of a new period of parole;
• You warrant a favorable exercise of discretion;
• You are physically present in the United States as a parolee;
• You have complied with the conditions of the initial parole; and
• You clear biographic and biometric background checks.

What benefits does the program provide?

The Uniting for Ukraine program allows eligible Ukrainians to remain in the United States temporarily and apply for work authorization, due to the extraordinary circumstances caused by Russia’s invasion in 2022. Since these circumstances continue to exist, USCIS will continue to accept requests for re-parole on a case-by-case basis.

When can I apply for re-parole?

Starting February 27, 2024, USCIS will accept and consider re-parole applications from Ukrainians and their immediate family members who were paroled into the United States under section 212(d)(5)(A) of the Immigration and Nationality Act.

Those eligible may apply for re-parole by submitting Form I-131, Application for Travel Document online or by mail, along with supporting documentation and the proper filing fee or fee waiver request. USCIS encourages applicants to file online through your USCIS online account, instead of on paper to streamline the application process.

If you do not have a USCIS online account, you can create one following the guidance on the How to Create a USCIS Online Account webpage. (See also How to Create a USCIS Online Account in Ukrainian and How to Create a USCIS Online Account in Russian.)

Applying for Employment Authorization

Once your re-parole application has been approved by USCIS, you may file Form I-765, Application for Employment Authorization, under category (c)(11), to apply for a new Employment Authorization Document (EAD), as proof of your employment authorization consistent with your re-parole period. Form I-765 may be filed online or by mail.

Please note: You cannot file Form I-765 before you receive a re-parole approval notice from USCIS. If you file Form I-765 before your re-parole application is approved, USCIS may deny your Form I-765 and will not refund any fees.

While an employment authorization application is pending a decision, certain parolees will be able to show their new Form I-94 arrival departure record as acceptable evidence of identity and employment authorization for a period of up to 90 days from the date they are hired (or for re-verification, when employment authorization expires).  To be eligible, a parolee must have been:

• Granted re-parole as a certain Ukrainian citizen or an immediate family member;
• Have a most recent date of entry on or before September 30, 2023; and
• Have a new I-94 with “UHP” listed as the class of admission.

Within 90 days, the employee must present an unexpired employment authorization document or unrestricted Social Security card and a List B identity document such as a state-issued driver’s license or identification card to meet the Form I-9 employment eligibility verification requirements.

For more information please see the Re-Parole Process for Certain Ukrainians webpage for additional information on the process and step-by-step instructions on how to apply for re-parole.

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