U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual to address its discretion to grant employment authorization to foreign nationals who are paroled into the United States, including those who are otherwise inadmissible.
Certain foreign nationals may be paroled into the United States for urgent humanitarian reasons or significant public benefit. Parolees are not entitled to employment authorization solely because they are paroled into the United States, but instead must establish eligibility and apply for employment authorization. USCIS will only consider employment authorization for parolees when, based on the facts and circumstances of each individual case, USCIS finds that a favorable exercise of discretion is warranted.
“Directly addressing loopholes that encourage the exploitation of our immigration system is the only way forward,” said Acting Director Ken Cuccinelli. “Responsible stewardship of our discretionary authorities enhances our ability to provide relief to those who lawfully qualify for it. With that in mind, USCIS is taking action within its discretionary authority by only granting employment authorization to parolees after consideration of all relevant factors on a case-by-case basis. This decision is in response to the national emergency at the southern border where foreign nationals are entering the United States illegally, as well as based on a review of USCIS adjudicatory practices over the past few years.”
USCIS is taking action to strengthen affected programs, such as parole, within its discretionary authority. Through this update, USCIS is providing adjudicators with guidance specific to parole-based employment authorization focusing on officers’ discretion and responsibility to grant employment authorization only after careful consideration of all relevant factors on a case-by-case basis. The policy update aligns USCIS’ guidelines for issuing discretionary employment authorization based on parole with current immigration enforcement priorities.
USCIS continues to adjudicate all petitions, applications, and requests fairly, efficiently, and effectively on a case-by-case basis to determine if they meet all standards required under applicable laws and regulations.
This policy update does not affect individuals paroled into the United States under the International Entrepreneur Rule. Such parolees are authorized to work based on their parole under current Department of Homeland Security regulations governing the International Entrepreneur parole program.
Policy Alert
SUBJECT: Employment Authorization for Parolees
Purpose
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address USCIS’ discretion to grant employment authorization to foreign nationals paroled into the United States, including those who are otherwise inadmissible.
Background
Certain foreign nationals may be paroled into the United States under INA 212(d)(5) for urgent humanitarian reasons or significant public benefit. USCIS has discretion to grant these foreign nationals employment authorization. Applicants are not entitled to employment authorization. USCIS determines whether to grant discretionary employment authorization on a case-by-case basis, taking into account all factors and considering the totality of the circumstances of each individual case.
USCIS has determined that it is necessary to issue this guidance at this time because there is a national emergency at the U.S. southern border where foreign nationals are entering the U.S. illegally. See Presidential Proclamation 9844 of February 15, 2019, Declaring a National Emergency Concerning the Southern Border of the United States, 84 FR 4949; Sec. 11 of E.O. 13767 of January 25, 2017, Border Security and Immigration Enforcement Improvements, 82 FR 8793. USCIS also has determined that officers may need more guidance on the use of discretion in employment authorization adjudications.
This policy guidance provides officers with helpful tools based on existing policies to aid in their discretionary adjudications and to help ensure that requests for employment authorization based on parole are properly adjudicated. This guidance, contained in Volume 10 of the Policy Manual, replaces the guidance found in Chapter 55 of the Adjudicator’s Field Manual (AFM). The guidance contained in the Policy Manual is controlling and supersedes any related prior contradictory USCIS guidance.
(Note: This policy update does not affect International Entrepreneur parolees. Such parolees are employment authorized incident to their parole pursuant to current DHS regulations governing the International Entrepreneur parole program.)
Policy Highlights
Emphasizes the use of discretion when determining whether to grant employment authorization for foreign nationals paroled into the United States in keeping with existing policies.
Provides a list of positive and negative factors that an officer may consider when balancing the totality of the circumstances and determining whether an applicant warrants a favorable exercise of discretion.
Citation
Volume 10: Employment Authorization, Part B, Specific Categories, Chapter 2, Parolees [10 USCIS-PM B.2].