U.S. Immigration Post

Author: Nikiki T. Bogle, Esq., Immigration Legal Team

The United States Immigration Citizenship Services (USCIS) has issued a New Policy, which makes it easier to deny Employment Authorization Cards (EADs) or work permits to immigrants who are paroled in the the USA for humanitarian reasons, through a discretionary a “case-by-case” basis analysis and determination. In short, work permit issuance will now be determined by the individual officer.

USCIS states that EADS will no longer be granted as a matter of course, and are NOT mandatory. Specifically, the U.S. Department of Homeland Security explained in a press release that, “USCIS will only consider employment authorization for parolees when, based on the facts and circumstances of each individual case, USCIS finds that a favorable exercise of discretion is warranted.”

The policy alert also explains that a “totality of the circumstances test” will be administered by immigration officers in order to determine whether the immigrant should be granted a work permit.

We know that “discretion” by individuals are ripe for abuse.

WHY NOW? The USCIS claims that this decision was made in response to the “national emergency at the U.S. southern border where foreign nationals are entering the U.S. illegally”; and “officers needing more guidance.” USCIS also sites President Trump’s Proclamation in February 2019. See Presidential Proclamation 9844 of February 15, 2019, Declaring a National Emergency Concerning the Southern Border of the United States, 84 FR 4949; Sec. 11 of E.O. 13767 of January 25, 2017, Border Security and Immigration Enforcement Improvements, 82 FR 8793.

INTERNATIONAL ENTREPRENEUR PAROLEES: Not Applicable

This new policy does not apply to International Entrepreneur parolees. They are still entitled to employment authorizations pursuant to current DHS regulations governing the International Entrepreneur parole program.

END RESULT: This policy is targeted to refugees and immigrants entering through the Southern Border for humanitarian assistance. Perhaps the reasoning is that this policy will provide a chilling effect on those entries.

But, are human beings fleeing violence and degradation initially worried about work permits, or saving their own lives? We think the latter.

The New Policy may be reviewed here: https://www.uscis.gov/sites/default/files/policymanual/updates/20190819-EmploymentAuthorizationForParolees.pdf