Q. If my request for Keeping Families Together is granted, will I be eligible to request employment authorization?
A. Yes. If USCIS approves your request for Keeping Families Together, you can apply for an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization, under eligibility category (c)(11). You can only apply for employment authorization afteryour Keeping Families Together request is approved. If you file your Form I-765 Employment application before USCIS approves your I-131F request under this process, USCIS will reject or deny your Form I-765.
Q. Will there be a fee to apply for employment authorization (Form I-765)?
A. Yes. If you file online through your myUSCIS account, the filing fee for Form I-765 is $470. If filing on paper and sending by mail, the filing fee for Form I-765 is $520. If you would like to request a fee waiver, you must file your Form I-765 by mail and your filing must include a completed Form I-912 or a written request for a fee waiver with supporting evidence of your financial inability to pay the fee. At present, you cannot request a fee waiver if you file your Form I-765 online.
Q. Can I file my Form I-131F at the same time (concurrently) as an application for employment authorization (Form I-765)?
A. No, at this time, you must submit these two forms separately. If your Form I-131F is approved and you are granted parole in place, you can then file Form I-765 to apply for an EAD based on your authorized period of parole.
Q. How long will I be authorized for employment?
A. If your request for this process is approved and you are later granted an employment authorization document (EAD) under eligibility category (c)(11), your EAD will generally be valid for the same duration as your parole period, which can be up to three years under this process. Once you apply for adjustment of status to lawful permanent resident, you will then be eligible to apply for employment authorization pending adjudicating of your adjustment application under eligibility category (c)(9). You can receive employment authorization with a five-year validity under category (c)(9). If your parole under this process is granted, you should not delay in filing a subsequent I-130 petition and I-485 application.
Q. What should I do if my Employment Authorization Document (EAD) was lost, stolen, or damaged?
A. If your parole period is currently valid, and you need to replace a valid EAD because yours was lost, stolen, or damaged, please review the USCIS official website “Replace an EAD” section on the Employment Authorization Document page.
NOTE: Do not file Form I-131F with this replacement Form I-765. If you submit Form I-131F when you are filing to replace a lost, stolen, or damaged EAD, USCIS will deny your Form I-I31F, and USCIS will not refund the filing fee for Form I-131F.
Q. As an employer, if I provide my employee with information regarding their employment to support a request for parole in place, will that information be used for immigration enforcement purposes against me or my company?
A. An employer may, as they determine appropriate, provide individuals requesting parole in place under this process with documentation verifying their employment. This information will not be shared with ICE for civil immigration enforcement purposes under section 274A of the Immigration and Nationality Act (relating to unlawful employment of noncitizens), except in cases involving unscrupulous employers who exploit undocumented workers by engaging in illegal acts ranging from the payment of substandard wages to imposing unsafe working conditions and facilitating human trafficking and child exploitation, and who therefore may be a DHS worksite enforcement priority as described in the Oct. 12, 2021 memorandum entitled “Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual.”
Q. How can I tell if an employer is discriminating against me because I am a parolee?
A. An employer may be engaging in discrimination if they:
- Demand that an employee only show specific documents from the Lists of Acceptable Documents or ask for more or different documents than are required to complete Form I-9, Employment Eligibility Verification, or create an E-Verify case;
- Reject documents from the Lists of Acceptable Documents that reasonably appear to be genuine and relate to the employee, including documentation showing employment authorization because it has a future expiration date or because of an employee’s prior unauthorized status.
The Civil Rights Division of the U.S. Department of Justice has an office dedicated to ensuring that employers do not discriminate against individuals who are permitted to work in the United States. These include parolees who have been granted work authorization. If you think your employer may be discriminating against you, contact the Immigrant and Employee Rights Section (IER) at 800-255-7688 (TDD for the deaf and hard of hearing: 800-237-2515).
Q. What happens to my employment authorization if USCIS terminates my parole before it expires?
A. If USCIS terminates your grant of parole, there will no longer be a basis for your parole-based employment authorization. USCIS may therefore revoke your employment authorization.