Some Ukrainians and their immediate family members were allowed into the U.S. in 2022, on a case-by-case basis for urgent humanitarian reasons, during an eight-week period after Russia’s invasion of Ukraine and before the federal Uniting for Ukraine program was initiated.

Because some refugees were authorized to work in the U.S. for one year, expiration dates on certain forms are coming due and it’s time for employers to confirm paperwork is in place.

Dustin O’Quinn, chair of the Immigration Law Practice at Lane Powell in Seattle, said employment authorization will likely be extended by the federal government and the gap in time between the work authorization expiration date and the new term will likely be covered.

But rather than assume, O’Quinn recommends business owners, HR departments or managers work with Ukrainian refugees on staff to ensure they are still work verified in the U.S.

Here’s How

If the employee’s work authorization was granted Feb. 24, 2022 through April 25, 2022, the employee should automatically receive a Form I-797C that can be used to demonstrate continued employment authorization.

  • If the employee’s I-94 form indicates UHP for the Uniting for Ukraine program, the employee should have work authorization through 2024.

What’s Next

O’Quinn said the extension process should have been completed by May 2023. If an employee has been authorized to work and has not received an updated Form I-79C, the employee can email UkrainianEADExtensionis@uscis.dhs.gov.

If the employee needs to change their address where they will receive Form I-79C, they can access the USCIS online account or using the Form AR-11, Alien’s Change of Address Card, online using the Change of Address page.

Ukrainian refugees who have not yet received work authorization can file a Form I-765.

It is important U.S. employers do not hire or keep on an employee who does not have work authorization, but also important to ensure those who have authorization to work can do so, O’Quinn said.

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