Is USCIS Prioritizing Work Authorization for Many Border Crossers Over Visa Holders?
By Elizabeth Jacobs on August 19, 2022
As a measure to provide greater support to the thousands of Ukrainians and Afghans who have been paroled into the United States, U.S. Citizenship and Immigration Services (USCIS) has announced that certain aliens granted humanitarian parole may now file their employment authorization application (Form I-765) online, rather than using the paper-based application process generally required of most employment authorization applicants. The new online-filing platform is intended to expedite employment authorization processing for Ukrainians and Afghans who are in the United States following the recent Russian attacks on Ukraine and the U.S. withdrawal from Afghanistan, respectively. The administration, however, has been silent on disclosing that the new process may also be available to all border crossers who have been granted humanitarian parole as an alternative to mandatory detention pending their removal proceedings.
All aliens in the United States are required to obtain employment authorization before they can lawfully work in the country. Certain classes of aliens, such as lawful permanent residents or nonimmigrant K-1 visa holders (sometimes called the “fiancé visa”), are automatically authorized to work by virtue of their immigration status, while other classes, such as nonimmigrant F-1 visa holders (students) seeking practical training or asylum applicants, are required to apply for employment authorization with USCIS to obtain authorization. Aliens who file an asylum application at the border, however, are required by law to wait 180 days before becoming eligible to apply for an employment authorization document (EAD).
https://cis.org/Jacobs/USCIS-Prioritizing-Work-Authorization-Many-Border-Crossers-Over-Visa-Holders
