USCIS issues policy guidance on work authorization for paroled individuals

U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance clarifying how officers will make decisions regarding employment authorization to foreign nationals who are paroled into the U.S.

Key points:

• USCIS will consider employment authorization on a case-by-case basis for those paroled into the U.S.
• Adjudicators will exercise their discretion to grant employment authorization only after careful consideration of the facts of each case and whether they warrant issuance of an employment authorization document.

BAL Analysis: The guidance does not necessarily represent a new policy, as decisions to grant employment authorization to parolees have always been discretionary. However, the guidance, which is now part of the USCIS policy manual, clarifies that USCIS officers will not issue employment authorization to parolees as a category or right, but will make discretionary decisions by considering individual facts on a case-by-case basis.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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