Updated: Jul 21, 2024
The U.S. Citizenship and Immigration Services (USCIS) recently announced a significant win for Ukrainian parolees: a full refund of the I-765 employment authorization document (EAD) fees. This decision, announced on April 24, 2024, is a result of a hard-fought class action lawsuit that highlighted the missteps in the implementation of the 2022 Ukraine supplemental bill.
For the tens of thousands of Ukrainians who sought refuge in the U.S. after February 24, 2022, this refund is more than just a financial relief. It marks a crucial acknowledgment of their rights and the persistent efforts of advocacy groups like IMMpact.
To fully appreciate the significance of this refund, it's important to understand the role of the I-765 Employment Authorization Document (EAD). The I-765 form is a crucial document for immigrants in the U.S., allowing them to legally work while their immigration status is being processed. For many Ukrainian parolees, the ability to work is not just about earning a living—it's about rebuilding their lives in a new country.
The backdrop to this story begins with the unfortunate events of February 24, 2022, when many Ukrainians were forced to flee their homeland due to escalating conflict. As they sought refuge in the U.S., the 2022 Ukraine supplemental bill was introduced, mandating that Ukrainian parolees be granted automatic, free employment authorization.
This bill was a lifeline, promising a smoother transition for those trying to start anew. However, despite this mandate, many Ukrainians were still required to pay the $410 fee for their initial EAD applications, leading to the class action lawsuit that has now resulted in the refund announcement.
The journey to the recent refund announcement began in August 2022 when IMMpact, a legal advocacy group, filed a class action lawsuit against USCIS. IMMpact argued that USCIS had failed to comply with the provisions of the 2022 Ukraine supplemental bill, which explicitly stated that Ukrainian parolees should receive automatic, free employment authorization.
This initial lawsuit brought attention to the discrepancies in USCIS's handling of the situation and laid the groundwork for further legal action.
The 2022 Ukraine supplemental bill was designed to provide immediate and essential support to Ukrainian parolees, recognizing the urgent need for them to integrate into the U.S. workforce without the financial burden of additional fees. Despite this, USCIS continued to collect the $410 I-765 EAD fee from many Ukrainian applicants, directly contradicting the bill's provisions.
This oversight not only added financial strain to the already vulnerable Ukrainian parolees but also highlighted a significant lapse in policy implementation.
In response to the growing pressure from IMMpact and other advocates, USCIS revised its policy in November 2022 to finally acknowledge automatic work authorization for Ukrainian parolees. However, this change did not address the fees that had already been collected unlawfully.
Recognizing this gap, IMMpact filed a second lawsuit in 2023, specifically aimed at recovering these funds for tens of thousands of affected Ukrainians. The persistence of IMMpact in seeking justice underscores the importance of holding institutions accountable and ensuring that legal mandates are properly enforced.
In November 2022, following the initial lawsuit and increased advocacy pressure, USCIS revised its policy to recognize automatic work authorization for Ukrainian parolees. This policy shift was a significant step forward, as it aligned USCIS's practices with the provisions of the 2022 Ukraine supplemental bill.
For many Ukrainian parolees, this change meant they could finally work without the need to pay the hefty $410 fee for their I-765 EAD applications.
However, while the policy change was a positive development, it did not address the fees that had already been collected from applicants prior to November 2022. Thousands of Ukrainians who had applied for their initial EADs between May 21, 2022, and November 21, 2022, and paid the filing fee, were left without refunds.
This oversight left a substantial number of parolees out of pocket, despite the clear legislative intent that their work authorization should be free.
IMMpact, recognizing this gap, did not relent. They continued their advocacy, pushing for a complete resolution that included refunding the unlawfully collected fees. This relentless pursuit of justice led to the second lawsuit in 2023, which ultimately pressured USCIS to agree to refund the fees.
The ongoing efforts of IMMpact and other advocacy groups were crucial in ensuring that the rights of Ukrainian parolees were upheld, leading to the April 2024 announcement of the refunds.
The second lawsuit, filed by IMMpact in 2023, specifically targeted the recovery of unlawfully collected I-765 EAD fees. This legal action was essential in addressing the financial injustice faced by tens of thousands of Ukrainian parolees who had paid the $410 filing fee, despite the automatic work authorization mandated by the 2022 Ukraine supplemental bill.
IMMpact's determination to pursue this lawsuit highlighted the organization's commitment to ensuring that the legal rights of Ukrainian parolees were fully recognized and respected.
The lawsuit underscored the importance of not just policy changes but also the enforcement of those policies. While USCIS had acknowledged automatic work authorization in November 2022, the failure to refund the fees collected before this policy change left many parolees feeling overlooked and financially burdened.
The second lawsuit aimed to rectify this by seeking a court mandate for USCIS to reimburse the fees, thereby providing much-needed financial relief to the affected individuals.
The impact of the second lawsuit was profound. It not only brought justice to the Ukrainian parolees but also set a precedent for holding government agencies accountable for their actions. By securing the refunds, IMMpact ensured that the promises made in the 2022 Ukraine supplemental bill were honored in full.
This victory was a testament to the power of persistent advocacy and legal action in upholding the rights of vulnerable populations. The resolution of this lawsuit marked a significant achievement in the ongoing efforts to support and protect Ukrainian refugees in the United States.
USCIS has outlined specific criteria that Ukrainian parolees must meet to be eligible for a refund of their I-765 EAD fees. First and foremost, the individuals must have been paroled under the Uniting for Ukraine process or have been paroled between February 24, 2022, and September 30, 2023.
This time frame captures the period during which many Ukrainian nationals sought refuge in the United States amidst the ongoing conflict in their homeland.
Additionally, eligible individuals must have filed their initial Form I-765 between May 21, 2022, and November 21, 2022, based on their parole status. This filing period aligns with the dates before USCIS recognized the automatic work authorization, ensuring that those who paid the fee during this window are considered for a refund. It is crucial for applicants to check their filing dates to determine their eligibility accurately.
The final eligibility criterion is that the individual must have paid the $410 filing fee for their initial EAD. This fee, which should not have been collected under the 2022 Ukraine supplemental bill, is now subject to refund. Ukrainian parolees who meet all these criteria are entitled to receive their refund, as part of the resolution brought about by the class action lawsuits.
Before taking any steps, Ukrainian parolees should first verify their eligibility for the refund. To do this, confirm that you:
Were paroled under the Uniting for Ukraine process or between February 24, 2022, and September 30, 2023.
Filed your initial Form I-765 between May 21, 2022, and November 21, 2022.
Paid the $410 filing fee for your initial EAD application.
Once eligibility is confirmed, the next step is to gather all relevant documentation. This includes:
Your I-765 application receipt notice
Proof of payment for the $410 filing fee
Any correspondence or notices from USCIS related to your parole status
Having these documents on hand will streamline the refund process and ensure you can provide any required information promptly.
To initiate the refund process, eligible individuals will need to follow specific steps outlined by USCIS. These steps typically include:
Contacting USCIS: Reach out to USCIS through their official channels, either via their website or by contacting their customer service.
Filling Out Forms: Complete any necessary forms or applications that USCIS requires for processing the refund.
Providing Documentation: Submit the gathered documentation as proof of eligibility and payment.
USCIS may provide detailed instructions on their website, so it's important to follow these guidelines closely to avoid delays.
Keep an eye on any deadlines set by USCIS for submitting your refund request. Missing these deadlines could result in the forfeiture of your refund. Make sure to check the USCIS website regularly for updates and new information regarding the refund process.
If you encounter any difficulties or have questions about the refund process, consider seeking assistance from a legal expert or an immigration consultant. They can offer guidance and support, ensuring that you navigate the process smoothly and effectively.
The announcement by USCIS to refund the I-765 EAD fees marks a significant victory for Ukrainian parolees and sets a precedent for upholding immigrant rights. The hard-fought legal battles by IMMpact and other advocacy groups have ensured that the provisions of the 2022 Ukraine supplemental bill are fully honored, providing financial relief and justice to those affected.
As Ukrainian parolees navigate the refund process, it's essential to follow the outlined steps and meet all eligibility criteria to reclaim the fees. This development is a testament to the power of persistent advocacy and the importance of holding institutions accountable, ensuring that legal mandates are enforced and the rights of vulnerable populations are protected.
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