Federal Agencies, Agency Memos & Announcements

USCIS Rescinds Policy Guidance on Discretionary Employment Authorization for Parolees

8/12/21 AILA Doc. No. 21081341.

USCIS issued a Policy Manual update to rescind 2019 guidance that addressed USCIS discretion to grant employment authorization to noncitizens paroled into the United States. Guidance is effective as of 8/12/21 and comments are due by 9/13/21.

The USCIS Policy Manual, Volume 3, Part F, Chapter 1 now states (updated as of August 12, 2021):

Generally, a noncitizen who is paroled into the United States is not employment authorized incident to status. Rather, most parolees must apply for and be granted employment authorization before they may work in the United States. The grant of parole is a separate determination from the grant of employment authorization.

Cite as AILA Doc. No. 21081341.