Following the Biden Administration’s recent announcement to welcome up to 100,000 Ukrainians and others fleeing the war-torn country, the Department of Homeland Security (“DHS”) introduced the Uniting for Ukraine program. The new program which became effective April 25, 2022, provides a streamlined process for displaced Ukrainian citizens to apply for humanitarian parole in the US, allowing them to live and work in the US for up to two years.
Beneficiaries are eligible to participate in the program if they:
Resided in Ukraine immediately prior to the Russian invasion (until February 11, 2022) and were displaced as a result of the invasion;
Are a Ukrainian citizen and possess a valid Ukrainian passport (or are a child included on a parent’s passport), or are a non-Ukrainian immediate family member of a Ukrainian citizen who is applying through Uniting for Ukraine;
Have a supporter who filed a Form I-134, Declaration of Financial Support, on their behalf that has been confirmed as sufficient by USCIS;
Complete vaccinations and other public health requirements; and
Clear biometric and biographic screening and vetting security checks.
Under the Uniting for Ukraine program, US based sponsors such as private citizens, civic groups, and churches may apply online to the Department of Homeland Security to sponsor Ukrainian citizens. The first step in the Uniting for Ukraine process is for the US based supporter to file a Form I-134, Declaration of Financial Support, with USCIS through the myUSCIS online portal. The supporter should be ready to include specific information about both themselves and the Ukrainian beneficiary. Ukrainians who meet the requirements receive authorization valid for 90 days to travel directly to the United States and seek parole at a port of entry.
As part of the process, each beneficiary will submit biographic and biometric information for security vetting. Additionally, individuals will have to attest to the completion of other requirements, including vaccinations and health screenings. This information will be checked against “a range of interagency intelligence, law enforcement, and counterterrorism holdings. Anyone who does not pass security checks conducted overseas will not be authorized to travel the United States.”
Each beneficiary is responsible for arranging their travel to the US and a valid passport must be presented. However, a child without their own passport may be included in the parent’s passport. Individuals must adhere to the travel requirements outlined by the Centers for Disease Control and Prevention (“CDC”], including COVID-19 testing before departing for the US.
The US government “strongly encourages Ukrainians seeking refuge in the United States who do not have and are not eligible for a visa to seek entry via Uniting for Ukraine from Europe,” and notes that it is working with “European partners to ensure Ukrainians can meet the vaccination requirements” of the program. Furthermore, the government has stressed that “Ukrainians should not travel to Mexico to pursue entry into the United States.” Following the commencement of the Uniting for Ukraine program, “Ukrainian nationals who present at U.S. Southwest border land ports of entry without a valid visa or without pre-authorization to travel to the United States through Uniting for Ukraine may be denied entry and referred to apply through this process.”
Keeping in line with the efforts of the DHS, The Department of State (“DOS”) has updated its guidance for Ukrainian nationals seeking to enter the US by utilizing other avenues available to them. The guidance clarifies information on immigrant visas, humanitarian parole, refugee status, and nonimmigrant visas. The DOS has noted that the Consulate General Frankfurt is the designated processing post for all Ukrainian immigrant visa applications except adoption cases which are being handled at the US Embassy Warsaw. All newly scheduled immigrant visa cases will be scheduled for appointments at the US Consulate General in Frankfurt. Immigrant visa beneficiaries who are not yet scheduled for an interview appointment and would like to transfer their case somewhere other than Frankfurt should reach out to the National Visa Center. Nonimmigrant visa applicants may apply at any embassy or consulate where they are physically present and where appointments are available. As previously noted, Ukrainian nationals and individuals without nationality who have habitually resided in Ukraine, who can demonstrate continuous residence in the US before March 1, 2022 may apply for Temporary Protected Status.
We will continue to monitor the humanitarian efforts taken by the US Government to aid the people of Ukraine.
UPDATE: November 23, 2021: USCIS announced on November 21, 2022, that certain Ukrainian and Afghan parolees with specific classes of admission are employment authorized incident to their parole. This measure will allow parolees to use their unexpired Form I-94 record as proof of their ability to work legally in the US in accordance with Form I-9, Employment Eligibility Verification for the first 90 days of their being hired. However, Ukranian and Afghan parolees must still file a Form I-765 to receive a physical EAD card which will need to be presented to employers after the initial ninety-day period. Unfortunately, USCIS has not given any indication as to what steps will need to be taken if parolees are not issued their EAD cards in the ninety-day period should processing backlogs ensue.
Ukranian and Afghan parolees whose unexpired Form I‑94, Arrival-Departure Record, contains a class of admission of “UHP” or “OAR” on the document, may present it to employers as an acceptable List A receipt that temporarily shows identity and work authorization for Form I‑9, Employment Eligibility Verification.
Ukranian parolees whose unexpired Form I‑94, Arrival-Departure Record, contains a class of admission of “DT” issued between February 24, 2022, and September 30, 2023, and the document indicates Ukraine as the country of citizenship, may present it as an acceptable List A receipt that temporarily shows identity and work authorization for Form I‑9.
Within 90 days of being hired, or in the case of reverification, the date employment authorization expires, the employee must present the following to the employer:
An unexpired Employment Authorization Document (EAD), or
An unrestricted Social Security card and a List B identity document from the Form I-9 List of Acceptable Documents.
Foreign nationals who received a Form I‑94 at the time of entry into the United States should visit the U.S. Customs and Border Protection’s Form I-94 page online to obtain a copy of their I-94.
USCIS is also exempting the fee to file Form I-765 for Ukrainian parolees filing for an EAD by mail. Afghan parolees under “OAW” are already exempt from the fee for an initial paper-filed Form I-765 Application for Employment Authorization (and a replacement EAD) through Sept. 30, 2023.
Effective Dec. 5, 2022, USCIS will be able to process fee exemptions for online filings of Form I-765 for eligible Ukrainian and Afghan parolees. USCIS encourages use of online filing for more efficient processing as well as applying for a Social Security Number or replacement card using Form I-765.