The decision of an officer of the USCIS, U.S. For this reason, the regulations provide that a parolee must apply for employment authorization and have the application approved in order to lawfully work in the United States. Parolees are not employment authorized incident to parole - with the sole exception of international entrepreneur employees under 8 CFR 274a.12(b)(37). 10 USCIS-PM 8.2(B): Eligibility for Employment Authorization The Department of Homeland Security (DHS) may terminate parole when it determines that the purpose of the parole has been accomplished. Parole itself is not a lawful nonimmigrant or immigrant status instead, a parolee is deemed to be an applicant for admission. The Secretary of Homeland Security may impose further restrictions on the grant of parole. The decision to deny parole is not subject to judicial review. Parole may only be granted if the USCIS determines that the grant of parole is justified for urgent humanitarian reasons or for significant public benefit.
Instead, parole may only be granted on a case-by-case basis in a manner consistent with the INA. In its introduction to the new guidance, the USCIS noted that no alien has a right to be granted parole. Section 11 of Executive Order 13767 of January 25, 2017, “Border Security and Immigration Enforcement Improvements”. Furthermore, on January 25, 2017, President Trump directed the Secretary of Homeland Security “to end the abuse of parole” and to ensure that the parole authority found in section 212(d)(5) of the INA is exercised only on a case-by-case basis and in accord with the statutory factors. In Presidential Proclamation 9844, President Trump declared a national emergency at the southern border. The USCIS determined that new guidance on employment authorization for parolees was necessary in light of President Trump's Presidential Proclamation 9844 of February 15, 2019, titled “Declaring a National Emergency Concerning the Southern Border of the United States”. 10 USCIS-PM B.2(A): Employment Authorization for Parolees In this article, we will examine the new PM guidance on employment authorization for parolees in the new 10 USCIS-PM B.2. The guidance supersedes prior guidance for USCIS officers on adjudicating requests for employment authorizations based on parole. The USCIS deemed the new guidance necessary in light of President Donald Trump's declarion of a national emergency at the Southwest border and his direction to the Department of Homeland Security (DHS) to grant parole only on a case-by-case basis in accord with the language of section 212(d)(5) of the Immigration and Nationality Act (INA).
On August 19, 2019, the United States Citizenship and Immigration Services (USCIS) updated its Policy Manual (PM) with new guidance on employment authorization for parolees.