Certain Afghan Nationals: New Fee-Exempt Re-Parole and Work Authorization Renewal

afghan-family-parole-how-to-apply-fee-exempt-employment-renew-new-process-reparole

For Afghan parolees that already applied for asylum or for adjustment to lawful permanent resident status, DHS will consider a 2 year extension of the original parole period.  This is effective June 9, 2023 through July 31, 2024 and will be considered on a case-by-case basis for urgent humanitarian reasons or significant public benefit.

 

These Afghan parolees who have already applied for asylum or LPR status do not need to apply for re-parole.  If approved, USCIS will extend their original employment authorization and send a Form I-797C, Notice of Additional Action, to their last address of record with USCIS. (so if you have moved, but haven't updated your address with USCIS- make sure to do that!)

 

If these Afghan parolees require an updated Employment Authorization Document (EAD) in addition to the Form I-797C, they may file a fee-exempt Form I-765, Application for Employment Authorization, with USCIS under category c(11).

 

Afghan paroles that haven't filed for any immigration benefit, or who have applied for a temporary benefit, such as Temporary Protected Status, may now apply for re-parole and employment authorization though a new and fee-exempt application process. This process is available online and on paper. Parolees should apply for re-parole by using Form I-131, Application for Travel Document. The applicants will also be able to request an EAD using the same I-131.

 

Afghan nationals that were paroled into the U.S. from July 31, 2021 through June 8, 2023, and have an “OAR” or “PAR” class of admission on their Form I-94, Arrival/Departure Record, are eligible for the fee exemption from June 8, 2023, through July 31, 2024.

 

To apply for fee-exempt re-parole and an EAD on the 06/06/23 edition of Form I-131, the applicant must:  

  • Select “I am outside of the United States, and I am applying for Advance Parole Document” on the paper application in Part 2, Item 1.e.; 

  • Mark “Y” for the question, “Are you applying for re-parole?”; and 

  • Mark “Y” in Part 8 for the question, “I am requesting an Employment Authorization Document (EAD) upon approval of my new Operation Allies Welcome (OAW) period of parole” to request a fee-exempt EAD. 

  • Do not submit a separate Form I-765 with your Form I-131. If you submit Form I-765 with your request for re-parole, USCIS may reject your application or take longer to process it. 

  • Applicants filing by paper and using the 10/31/22 edition of Form I-131 before Aug. 8, 2023, should write “OAW EAD” on the top of the form, regardless of whether they have a PAR or OAR class of admission.   

If your initial EAD is expiring, make sure to indicate that you would like to renew your EAD when filing Form I-131.

If you are an Afghan national and applied for re-parole through Form I-131 before June 8, 2023, when this new application process was not yet available, you may submit a new request using this new process to receive the fee exemption and concurrent EAD processing.

Have questions? Check out the Afghan Nationals Re-Parole FAQs webpage or book a consultation with an attorney to discuss.

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