On March 13, 2023, the Department of Homeland Security (DHS) announced an automatic extension of parole for certain Ukrainian nationals and their immediate family members. DHS will consider extended parole and employment authorization (if applicable) on a case-by-case basis for Ukrainian nationals and immediate families who were paroled before Uniting for Ukraine took effect.
All Ukrainian nationals that were paroled into the United States at a port of entry between Feb. 24, 2022, and April 25, 2022, will be considered for a one-year extension to align with the two-year parole provided under Uniting for Ukraine. Individuals who were paroled during this timeframe do not need to apply for parole extension in order to be considered. If an individual’s parole is extended, DHS will proactively make an updated Form I-94 available online, which will extend the period of parole from the current expiration date with no gap. Individuals should retrieve and download an updated Form I-94 as evidence of their extended parole by visiting Customs and Border Protection’s Form I-94 Website.
Those who receive extended parole will also be eligible to receive employment authorization for an additional year. Those who have preexisting Employment Authorization Documents (EADs) based on their parole, and whose parole period is extended for an additional year, will receive a Form I-797C from USCIS that can be used to demonstrate continued employment authorization through the extended parole period. Individuals with EADs based on parole granted between Feb. 24, 2022, and April 25, 2022, do not need to apply for this additional benefit. The Form I-797C will be mailed to the address on file with USCIS, so affected individuals should update their address with USCIS if their address on file is no longer current.
DHS estimates that it will take approximately 4 weeks to consider and vet all Ukrainian nationals who were granted parole before Uniting for Ukraine took effect. Those who believe they are part of this group should:
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Monitor their online Form I-94 for updates. Those who do not see an updated Form I-94 by early April should reach out to TCCPMO@cbp.dhs.gov
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Individuals who hold a valid EAD based on parole but do not receive Form I-797C by the end of April should reach out to UkrainianEADExtensions@uscis.dhs.gov
Those who do not currently have an EAD but would like to apply based on parole may still file a Form I-765, Application for Employment Authorization, with USCIS. Ukrainian parolees are exempt from fees for first time applicants.
Diana Prak˘, Senior Immigration Specialist, also contributed to this article.