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Automatic Employment Authorization for Ukrainians
21 October 2023
• As of November 21, 2022, all Ukrainians who entered the United States under the Uniting for Ukraine (U4U) program, as well as Ukrainians who entered with humanitarian parole between August 24, 2022 and September 30, 2023, automatically receive employment authorization for a period of 3 months.
• Upon approval of Re-Parole, a 3-month employment authorization is also granted automatically.
• As of November 21, 2022, they are exempt from paying the filing fee for the initial application for employment authorization under category (c)(11) when filed by mail, and as of December 5 when filed online.
As of November 21, even if you arrived before this date, for Ukrainians Form I-94 is an acceptable List A document that establishes both identity and employment authorization for Form I-9 and proof of the right to work.
This applies to:
those who entered under the Uniting for Ukraine program
those who entered or will enter through Mexico between February 24, 2022 and September 30, 2023, have Form I-94 with class of admission DT, and Ukraine listed as the country on the form
⚠️ Only for Ukrainians
To start working during the first 3 months after arrival, you do not need anything other than Form I-94.
However, you should still file Form I-765 for an Employment Authorization Document and an SSN as soon as possible.
Until December 5, file by mail under category (c)(11). To avoid the filing fee, you only need Form I-94 and documents confirming Ukrainian citizenship or birth in Ukraine. There is no need to file Form I-912 or include any additional explanation. Simply submit the application without the fee.
Starting December 5, file online by selecting the special category c(11) Ukraine Parole.
If the 90 days expire and you have not yet received your work permit, there is currently no definitive answer. The USCIS website states that within 90 days, or earlier, the employer must be provided with an unexpired Form I-765, an employment authorization document, or an unrestricted SSN. Employment authorization and SSN are clear. An unexpired Form I-765 likely means proof that your I-765 is pending, which may allow you to continue working while it is under review.
If clarifications appear, the information will be updated.
