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Volume 10 - Employment Authorization

Resources

Legal Authorities

8 CFR 274a Subpart B - Employment authorization

8 CFR 274a.12 - Classes of aliens authorized to accept employment

INA 103, 8 CFR 103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

INA 212(d)(5)8 CFR 212.5 - Parole of aliens into the United States

INA 274A - Unlawful employment of aliens

Appendices

No appendices available at this time.

Updates

Technical Update - Removing Exemption from Discretion for Asylum Applicants Seeking Employment Authorization under 8 CFR 274a.12(c)(8)

This technical update removes the exemption from discretion for asylum applicants seeking employment authorization under 8 CFR 274a.12(c)(8). The Asylum Application, Interview, and Employment Authorization for Applicants Final Rule (effective August 25, 2020) amended 8 CFR 274a.13(a)(1) to eliminate the exemption. Accordingly, asylum applicants who file applications for employment authorization on or after August 25, 2020 are subject to discretion like other applicants seeking employment authorization under 8 CFR 274a.12(c).

POLICY ALERT - Applying Discretion in USCIS Adjudications

U.S. Citizenship and Immigration Services (USCIS) is consolidating existing policy guidance in the USCIS Policy Manual regarding the discretionary analysis required in the adjudication of certain benefit requests, including certain applications for employment authorization.

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Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

POLICY ALERT - Employment Authorization for Parolees

U.S. Citizenship and Immigration Services (USCIS) is updating its existing policies on the exercise of discretion to address the use of discretion when assessing if certain foreign nationals who are paroled into the United States should be employment authorized.

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