DOJ has released a fact sheet on the work rights of Afghan immigrants arriving in the United States. SIV holders possess Lawful Permanent Resident status, allowing them to work for any employer indefinitely.
For the first 90 days, an unexpired Form I-94 (with “PAR” or “OAR” class of admission) serves as a valid receipt for Form I-9. To continue working, parolees must apply for an Employment Authorization Document (EAD) using Form I-765. Afghan SIV employment authorization may also require updates to these documents for continued eligibility. The guidelines ensure that Afghan SIV employment authorization aligns with federal regulations.
— Quick answers and practical next steps
Quick answers
- SIV holders: admitted as lawful permanent residents and authorized to work without an EAD.
- Certain Afghan parolees: may be employment-authorized incident to their parole; they should file Form I-765 under category (c)(11) to obtain an EAD.
- I-9 verification: follow USCIS guidance for acceptable documents; an unexpired I-94 showing PAR may be used per current guidance for certain parolees.
How to apply for an EAD (practical)
- Complete Form I-765 and enter eligibility category (c)(11) for parole-based EADs. Include a copy of the I-94 showing class of admission and identity documents.
- Check current USCIS guidance for any fee exemptions or filing instructions specific to Afghan parolees.
- While awaiting the EAD, employers may rely on the I-94 per USCIS temporary verification guidance where applicable.
Employer checklist
- At hire, request acceptable I-9 documents and follow USCIS I-9 guidance for parolees.
- Re-verify work authorization if/when an EAD is issued.
- Assist with SSA enrollment procedures when appropriate to obtain a Social Security number.