Work options for Ukrainian entering after March 1st on a tourist visa

[RnJ2021 59]

A Ukrainian friend wrote to me last night. She entered the USA on her tourist Visa after March 1st which is the NLT date of the blanket amnesty.

She would like to work. She is a talented dance performer and teacher who has performed around the world. 

Acquaintances have already offered her jobs.

Normally I would suggest that she apply for parole with the USCIS.

Some acquaintances told her that requesting parole to work is a terrible idea. I'm confused about this. Almost everyone doing an AOS requests parole - right?

 

Any suggestions for my friend would be greatly appreciated. 

[Dashinka 24,492]

This seems to outline it pretty well.  Did your friend already file for TPS using form I821?  It seems to work under TPS, she would also have to apply for an EAD.

 

Good Luck!

 

How to apply?

• https://www.uscis.gov/humanitarian/temporary-protectedstatus

• Forms I-821, I-765 (if want EAD)

• Possibly I-601 if you need and are eligible for a waiver

• Supporting Documents:

o Proof of Identity – state issued ID, passport, birth certificate

o Proof of Nationality – passport, birth certificate

o Date of Entry – visa, passport, travel documents, airline tickets

o Continuous Residence – lease, bank statements, pay stubs, school records, bills

 

https://welcoming.seattle.gov/wp-content/uploads/2022/03/Legal-Options-for-Ukrainians-FINAL.pdf

[Crazy Cat 41,845]

1 hour ago, RnJ2021 said:

A Ukrainian friend wrote to me last night. She entered the USA on her tourist Visa after March 1st which is the NLT date of the blanket amnesty.

She would like to work. She is a talented dance performer and teacher who has performed around the world. 

Acquaintances have already offered her jobs.

Normally I would suggest that she apply for parole with the USCIS.

Some acquaintances told her that requesting parole to work is a terrible idea. I'm confused about this. Almost everyone doing an AOS requests parole - right?

 

Any suggestions for my friend would be greatly appreciated. 

Parole and authority to work are two separate entities.  

[Boiler 45,486]

Is she intending to apply for asylum?

[Kineo 93]

On 4/8/2022 at 6:50 AM, RnJ2021 said:

A Ukrainian friend wrote to me last night. She entered the USA on her tourist Visa after March 1st which is the NLT date of the blanket amnesty.

She would like to work. She is a talented dance performer and teacher who has performed around the world. 

Acquaintances have already offered her jobs.

Normally I would suggest that she apply for parole with the USCIS.

Some acquaintances told her that requesting parole to work is a terrible idea. I'm confused about this. Almost everyone doing an AOS requests parole - right?

 

Any suggestions for my friend would be greatly appreciated. 

I seems like it is understood that on a Tourist Visa she would not be allowed to work. Under Human Parole my understanding you can apply for a permit to work. What did they say made it a bad idea?

 

- Kineo

[Crazy Cat 41,845]

11 minutes ago, Kineo said:

I seems like it is understood that on a Tourist Visa she would not be allowed to work. Under Human Parole my understanding you can apply for a permit to work. What did they say made it a bad idea?

 

- Kineo

https://www.uscis.gov/news/news-releases/uscis-issues-guidance-on-discretionary-employment-authorization-for-parolees#:~:text=Certain foreign nationals may be,and apply for employment authorization.

 

[Family 3,988]

On 4/8/2022 at 3:50 AM, RnJ2021 said:

Acquaintances have already offered her jobs.

Normally I would suggest that she apply for parole with the USCIS.

Some acquaintances told her that requesting parole to work is a terrible idea. I'm confused about this. Almost everyone doing an AOS requests parole - right?

 

Any suggestions for my friend would be greatly appreciated. 

The I-131 Parole is to allow Ukrainians to ENTER the US . She is already in on her B2 visa. She should file an asylum application I-539 if she wants to stay for the long term. Normally I would say get legal help to file an Asylum but given the situation … as things stand even a DIY will get a graint.
I only see the option to apply for Humanitarian Parole ( I-131 ) once her B2 visa expires and that would be for one year only. 

[millefleur 5,046]

3 hours ago, Kineo said:

I seems like it is understood that on a Tourist Visa she would not be allowed to work. Under Human Parole my understanding you can apply for a permit to work. What did they say made it a bad idea?

It's a bit strange that they allowed her to enter on the tourist visa when she was obviously not coming here to be a tourist. It might be helpful to reach out to some pro bono lawyers who can help her figure out her situation:

https://www.justice.gov/eoir/list-pro-bono-legal-service-providers

[RnJ2021 59]

5 hours ago, millefleur said:

It's a bit strange that they allowed her to enter on the tourist visa when she was obviously not coming here to be a tourist. It might be helpful to reach out to some pro bono lawyers who can help her figure out her situation:

https://www.justice.gov/eoir/list-pro-bono-legal-service-providers

She has entered and returned home many times. She has VERY strong ties to Ukraine and an American boyfriend.  She has no desire to stay - would just like to work during these unusual times.

Edited April 10, 2022 by RnJ2021

[Family 3,988]

6 hours ago, RnJ2021 said:

She has entered and returned home many times. She has VERY strong ties to Ukraine and an American boyfriend.  She has no desire to stay - would just like to work during these unusual times.

If that is the case, and she wants to preserve her B-2 visitor , then work permit is not an option . At most she can apply to extend her B-2 before it expires if she wants to stay longer.

[Boiler 45,486]

6 hours ago, RnJ2021 said:

She has entered and returned home many times. She has VERY strong ties to Ukraine and an American boyfriend.  She has no desire to stay - would just like to work during these unusual times.

 

Then she needs to obtain a work visa.

[millefleur 5,046]

8 hours ago, RnJ2021 said:

She has entered and returned home many times. She has VERY strong ties to Ukraine and an American boyfriend.  She has no desire to stay - would just like to work during these unusual times.

The times being unusual does not give her the right to work on a tourist visa. If she wants to work here, she needs to find a legal immigration path towards that. That's why I mentioned contacting some pro bono lawyers so she can figure out what her options are.