December 15, 2022

On November 22, 2022, the United States Citizenship and Immigration Services (USCIS) stated that it would extend and expand the expedited application processing and the fee exemptions it had already announced for some Afghan nationals. The extension will run through September 30, 2023.

These changes intend to help Afghan nationals settle into the United States more efficiently. For example, parolees can use Form I-765 to apply for work authorization based on their parole. They can also apply for immigration benefits, such as asylum, lawful permanent residence, and Afghan special immigrant status.

Afghan nationals paroled into the United States on or after July 30, 2021, may become eligible for certain fee exemptions and expedited processing.

Here are the fee exemptions

• Form I-765, Application for Employment Authorization: Afghan nationals can use this form when applying for work authorization or a replacement of their employment authorization document based on parole (eligibility category (c)(11))
• Form I-485, Application to Register Permanent Residence or Adjust Status: This form is for adjusting statuses based on Afghan special immigrant classification and any associated Application for Waiver of Grounds of Inadmissibility (Form I-601).
• Form I-130, Petition for Alien Relative: This form is filed with USCIS in the United States on behalf of any Afghan national (beneficiary) with a visa immediately available.
• Form I-824, Application for Action on an Approved Application or Petition: This is for an Afghan holding a Special Immigrant Visa.
• Form I-601: This form is for any Afghan national with an approved Form I-130 with a visa immediately available.
• USCIS Immigrant Fee (Form I-551) for Afghan nationals.

Expedited Processing

• Form I-765: Afghan nationals can use this to apply for employment authorization based on parole (eligibility category (c)(11))
• Form I-485: Afghan nationals seeking to adjust their status based on Afghan special immigrant classification and any associated Form I-601 can use this form.
• Form I-589, Application for Asylum and Withholding of Removal: Certain Afghan parolees file this form as described in Section 2502(a) of the Extending Government Funding and Delivering Emergency Assistance Act.
• Form I-130: This form is filed with USCIS in the United States on behalf of an Afghan national (beneficiary) with a visa immediately available and any associated Form I-601.
• Form I-140: Immigrant Petition for Alien Workers: This form can be filed with USCIS on behalf of an Afghan national (beneficiary) with a visa immediately available.

The USCIS has faced a significant backlog in processing applications, such as employment authorization. As such, these expansions could play a critical role in gaining or maintaining work authorization within a reasonable time frame.

In this case, the individual’s Form I-94 Arrival-Departure Record qualifies as an acceptable List A receipt for identity and work authorization for Form I-9. Therefore, investing in an electronic Form I-9 management tool is wise. This tool can ensure compliance with these requirements and employment eligibility. In addition, this tool provides step-by-step guidance to complete the process. Finally, it offers convenient and secure storage of forms and documentation.

Automate your employment eligibility verification today with the ensured compliance of I-9 Compliance.

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