OFFICE OF POLICY, PROCEDURES, AND TRAINING James K. Whelan, Executive Deputy Commissioner

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1 FFICE F PLICY, PRCEDURES, AND TRAINING James K. Whelan, Executive Deputy Commissioner Stephen Fisher, Assistant Deputy Commissioner ffice of Procedures PLICY BULLETIN #17-98-ELI (Use With PB #16-86-ELI) ASYLUM APPLICANTS WITH EMPLYMENT AUTHRIZATIN NW RECGNIZED AS ELIGIBLE FR SAFETY NET ASSISTANCE (SNA) UNDER THE PRUCL CATEGRY; UPDATE T THE PRUCL ELIGIBILITY DESK AID (W-205JJ) Date: vember 24, 2017 Subtopic(s): Eligibility The purpose of this policy bulletin is to infm staff of the recent changes on recognizing asylum applicants with employment authization as Permanently Residing Under the Col of Law (PRUCL) f Safety Net Assistance (SNA) eligibility. n-citizens who are physically present, who arrive in the United States (US), may seek asylum if they are unable unwilling to return to their country of nationality because they have suffered persecution have a well-founded fear that they will suffer persecution due to: race, religion, nationality, membership in a particular social group, political opinion. Asylum applicants may apply f employment authization with the United States Citizenship and Immigration Services (USCIS) if 150 days have passed since they filed their asylum application and no decision has been made on their application. Asylum applicants with employment authization are authized to wk in the US during the pendency of their application and may obtain an Employment Authization Document (EAD) Card (I-766) from the USCIS f the purposes of employment continued employment. Effective immediately, the asylum applicants with employment authization, if otherwise eligible, can receive SNA cash assistance. Staff are to use WMS Alien Citizenship Indicat (ACI) code - PRUCL Eligible f MA/FHP/CHPA/SN/FAP. HAVE QUESTINS ABUT THIS PRCEDURE? Call then press 3 at the prompt followed by 1 send an to FIA Call Center Fax fax to: (917) Distribution: X

2 PB #17-98-ELI te: Individuals designated as PRUCL are ineligible f federally funded public benefits including Family Assistance (FA), the Supplemental Nutrition Assistance Program (SNAP) and the Home Energy Assistance Program (HEAP). The following is a list of documents asylum applicants with USCIS employment authization may present to the staff: Fm I-766 (Employment Authization Document) with Categy Code C8 C08; Fm I-797 (tice of Action) indicating an I-765 (Application F Employment Authization) received pending f a categy code C8 C08; Fm I-797 (tice of Action) indicating an I-589 (Application F Asylum and f Withholding of Removal) received pending, filed 180 days pri to the date the applicant is presenting to the center; Any other authitative the USCIS document indicating an asylum application is pending and that they are authized to wk in the US. The Systematic Alien Verification f Entitlements (SAVE) program will verify EADs with Categy C8 C08. The SAVE response f a valid Categy C8 C08 EAD will be: Tempary Employment Authized. te: F any of the above documents, including those where an individual submits proof of an application f asylum but do not reference wk authization, SAVE may verify that they are authized to wk, even if they do not present their EAD. Expired EAD If an individual presents an expired EAD with Categy Code C8 C08, it does not automatically mean that they are ineligible f SNA. If the individual filed their EAD renewal application befe their current EAD expired, their EAD, (and potential SNA eligibility), will be automatically extended f a period of 180 days. If an individual presents an expired EAD with Categy Code C8 C08, the staff must still submit the document to SAVE f verification. In der to verify that the individual s employment authization, and Policy, Procedures, and Training 2 ffice of Procedures

3 PB #17-98-ELI potential SNA eligibility, has been extended beyond the date on the EAD, the staff must base their determination on the date in the EAD Expiration Date field of the SAVE response. Refer to PB #17-49-ELI F infmation on requesting a clearance from RIA PS Instructions In instances where staff are unsure of whether not the applicant/participant meets the new definition, they must request a clearance from the ffice of Refugee and Immigrant Affairs (RIA) using the RIA Clearance Request Fm (RIA-195). The response from RIA, either on the RIA Response Fm (RIA-195a) an response, must be scanned and indexed into the case recd. In der to be able to process these changes in the Paperless ffice System (PS), the JS/Wker must do the following: select f PRUCL (PA) alien type in the PS Alien Checklist and select radio button Documentation is submitted and the status of the alien does not fit any of the other categies listed above but was approved by ffice of Refugee Affairs the ffice of Procedures in the PRUCL (PA) Documentation Window. To reflect this change in policy, the Permanently Residing Under the Col of Law (PRUCL) Eligibility Desk Aid (W-205JJ) was amended. te: There has been no change to the existing policy that authizes eligibility f federally funded public benefits f a Cuban-Haitian Entrant which includes any national of Cuba Haiti who has an application f asylum pending with USCIS and is not subject to a final, non-appealable, and legally enfceable removal der. These individuals will still be entered as WMS ACI code H Cuban and Haitian Entrant, and must continue to be treated as a specially qualified alien f purposes of determining benefit eligibility, including eligibility f federally funded public benefits. Effective Immediately Reference: GIS 17 TA/DC047 Policy, Procedures, and Training 3 ffice of Procedures

4 PB #17-98-ELI Related items: PB #16-86-ELI PB #17-49-ELI PD #17-25-SYS Attachments: W-205JJ PRUCL Eligibility Desk Aid (Rev. 11/24/17) RIA-195 RIA-195a RIA Clearance Request Fm (Rev. 12/08/15) RIA Clearance Response Fm (Rev. 4/03/17) Policy, Procedures, and Training 4 ffice of Procedures

5 Fm W-205JJ (page 1 of 4) Rev. 11/24/17 Permanently Residing Under Col f Law (PRUCL) Eligibility Desk Aid Individuals with PRUCL status are not eligible f SNAP Benefits Family Assistance Description of Status WMS/ ACI Code Common Documentation Safety Net Assistance Medicaid Subject to an rder of Supervision. te: If applicant/participant is Cuban Haitian, a clearance request must be sent to RIA. Fm I-220B (rder of Supervision); Fm I-766 (Employment Authization Document) coded C18; Any other authitative document indicating an rder of Supervision. Granted Cancellation of Removal. rder from the Executive ffice of Immigration Review (EIR) granting cancellation of removal; Any other authitative document from the USCIS indicating cancellation of removal granted. Granted Deferred Action f Childhood Arrivals (DACA). I-797 (tice of Action) Indicating approved Deferred Action f Childhood Arrivals application; Fm I-766 (Employment Authization Document) coded C33; Any other documentation from EIR USCIS indicating that a DACA application has been approved. Granted Deferred Action status. Fm I-766 (Employment Authization Document) coded C14; Any letter from USCIS granting deferred status to a U visa applicant; Any other authitative document from the USCIS indicating deferred action. Granted a U visa. Fm I-797 (tice of Action) indicating that a petition f U nonimmigrant status was approved; Fm I-94 (Arrival/Departure Recd) stamped U1, U2, U3, U4, U5 ; Fm I-766 (Employment Authization Document) coded A19 A20 (f qualified dependent family members); Any other USCIS authitative document that verifies U nimmigrant status. Granted an S visa. Fm I-94 (Arrival/Departure Recd) stamped S5, S6, S7 ; Fm I-766 (Employment Authization Document) coded C21; Any other USCIS authitative document that verifies S Visa status.

6 Fm W-205JJ (page 2 of 4) Rev. 11/24/17 Human Resources Administration Family Independence Administration Permanently Residing Under Col f Law (PRUCL) Eligibility Desk Aid Individuals with PRUCL status are not eligible f SNAP Benefits Family Assistance Description of Status WMS/ ACI Code Common Documentation Safety Net Assistance Medicaid Granted a K3, K4 V visa. Unexpired K3, K4, V visa in passpt; te: If an expired K V visa is submitted, then proof that an I-539 (Application to Extend/Change nimmigrant Status) was filed with USCIS must be submitted; Fm I-94 (Arrival/Departure Recd) stamped K3, K4, V1, V2, V3 ; Fm I-766 (Employment Authization Document) coded A9, A09, A14, A15; and Any authitative USCIS document indicating an I-130 petition is pending approved. Continuous entry and residence in the U.S. pri to January 1, Fm I-797 (tice of Action) indicating Adjustment of Status to Permanent Resident pursuant to INA 249; Fm I-766 (Employment Authization Document) coded C16; Any letter/notice from the USCIS EIR indicating Registry Application is pending; Any documentary proof establishing entry and continuous residence. Permanent nonimmigrants, pursuant to P.L (applicable to citizens of the Federated States of Micronesia and Marshall Islands). Fm I-94 (Arrival/Departure Recd) stamped CFA/MIS DS (Duration of Status), D/S; Fm I-766 (Employment Authization Document) coded A8. Granted Tempary Protected Status (TPS). Fm I-797 (tice of Action) indicating TPS status granted; Fm I-766 (Employment Authization Document) coded A12. Applicants f Asylum with wk authization. te: If applicant/participant is Cuban Haitian, a clearance request must be sent to RIA. Fm I-766 (Employment Authization Document) with Categy Code C8 C08; Fm I-797 (tice of Action) indicating an I-765 application received pending f a Categy Code C8 C08; Fm I-797 (tice of Action) indicating an I-589 application f asylum received pending, filed 180 days pri to the date the applicant is presenting to the center; Any other authitative the USCIS document indicating an asylum application is pending and that they are authized to wk in the US.

7 Fm W-205JJ (page 3 of 4) Rev. 11/24/17 Human Resources Administration Family Independence Administration Permanently Residing Under Col f Law (PRUCL) Eligibility Desk Aid Individuals with PRUCL status are not eligible f SNAP Benefits Family Assistance Description of Status WMS/ ACI Code Common Documentation Safety Net Assistance Medicaid Living in the U.S. with knowledge and permission acquiescence of the USCIS and whose departure the Agency does not contemplate enfcing f an indefinite period of time. TBD If documentation is submitted and the status of the non-citizen does not fit in any of the other categies listed in this guide, the Wker must contact the ffice of Refugee and Immigrant Affairs (RIA), at (212) ia@hra.nyc.gov, who will determine if the non-citizen meets PRUCL status. TBD TBD Granted Special Immigrant Juvenile Status. E* Fm I-797 (tice of Action) indicating approval of Special Immigrant Juvenile Status; Any other authitative USCIS document indicating that Special Immigrant Juvenile Status was granted. Applicants f Asylum without wk authization. E* Fm I-797 (tice of Action) indicating Asylum application received pending; Any other authitative USCIS document indicating an Asylum application. Applicants f Tempary Protected Status (TPS). E* Fm I-797 (tice of Action) indicating a pending application f Tempary Protected Status; Fm I-766 (Employment Authization Document) coded C19. Applicants f Deferred Action f Childhood Arrivals (DACA). E* Fm I-797 (tice of Action) indicating a pending application f Deferred Action f Childhood Arrivals (DACA); Any other authitative USCIS document indicating an application f Deferred Action f Childhood Arrivals (DACA). Applicants f Special Immigrant Juvenile Status. E* Fm I-797 (tice of Action) indicating a pending application f Special Immigrant Juvenile Status; Any other authitative USCIS document indicating an application f Special Immigrant Juvenile Status. Applicants f Adjustment of Status. te: Ask applicants/participants on what basis they are seeking adjustment of status. Check the pri status on both the Alien Desk Aid and this Desk Aid. E* Fm I-766 (Employment Authization Document) coded C9, C09, C09P; Fm I-797 (tice of Action) indicating an application f Adjustment of Status. Applicants f Cancellation of Removal. E* Fm I-766 (Employment Authization Document) coded C10; Any other authitative USCIS document indicating an application f Cancellation of Removal. * If ACI code is E a Medicaid separate determination must be done.

8 Fm W-205JJ (page 4 of 4) Rev. 11/24/17 Human Resources Administration Family Independence Administration Permanently Residing Under Col f Law (PRUCL) Eligibility Desk Aid Individuals with PRUCL status are not eligible f SNAP Benefits Family Assistance Quick Tips: This is a guide. Staff may see documents that are not on this guide. If you have a document that is not on this guide, check the Alien Eligibility Desk Aid and the PS Alien Checklist Module. If you still cannot find the document, call RIA f a clearance. All staff: Ask applicants/participants to provide all documentation they have and consider all of the documents you receive. Scan and index all immigration documents. Scan all sides and all pages of passpts including blank pages, front and back of cards, legibly and in col in the HRA neviewer (PB PE). Consult the Alien Eligibility Desk Aid (LDSS-4579) first. If you do not find the documentation the client presented, then look to the PRUCL Desk Aid. If you do not find the documentation on both desk aids, contact RIA at ia@hra.nyc.gov (212) Request a SAVE search f any noncitizen members of the household who do not present themselves as undocumented. F any documentation that shows a pending application, check with USCIS.GV f current case updates (PD ELI) Individuals may still be eligible f public benefits if they do not have a Social Security number (PB PE and PD ELI). If you are unsure about an individual s eligibility f benefits, contact RIA. F a clearance, the RIA-195 (RIA Clearance Request) to ia@hra.nyc.gov after you have scanned and indexed all immigration documents and filled out and scanned the SAVE referral fm (W-515X). If applicant/participant is Cuban/Haitian, a clearance request must be sent to RIA along with all the documents that have been scanned and indexed.

9 RIA-195 (E) CLEARANCE REQUEST FRM (ENGLISH) Rev. 07/06/17 FFICE F IMMIGRANT AND REFUGEE AFFAIRS (RIA) CLEARANCE REQUEST FRM RIA@hra.nyc.gov, RIA (212) This fm should be used f noncitizen/alien clearances. 2. All documents (all pages, front & back) should be scanned and indexed. 3. Documents not listed, should be included under THER and additional notes if relevant. Date: Staff Infmation Name of Staff (Last, First): Center #: Contact Tel #: Client Infmation Name of client including alias: First: WMS case#: Date of Birth: Last: Alias if any: USCIS #: Social Security number: Male Female Document infmation Immigration document/fm title & number Categy Code Required Additional infmation Permanent Resident Card (Green Card) fm I-551: e.g.: FX2, IR6, R8-6, CU-7, C09, CR6 Expiration date (if any) Employment Authization Card fm I-766 I-688B: e.g.: A09, (a)(9), C08, (c)(8), Categy code[e.g. A05, (a)(5)] R Provision of law (e.g. [ 8 C.F.R. 274a.12(a)(5) ] USCIS tice of Action tice of receipt fm I-797: Receipt number: Starts with: MSC, ESC, LIN + 10 digits SAVE Clearance (515WX) Requested: Scanned and Indexed: SSA 40 Quarters match Class of admission (CA) as well as any description of the client's immigration status indicated in SAVE: CA (e.g. IR6, IR0, CR6) Date of Entry: Date of status: Additional comments:

10 RIA-195a (E) CLEARANCE RESPNSE FRM Rev. 07/06/17 FFICE F REFUGEE AND IMMIGRANT AFFAIRS (RIA) CLEARANCE RESPNSE FRM RIA@hra.nyc.gov Date: / / Client: Last, First ACI Code: WMS#: Social Security#: Date of entry: Date of status: Clearance Details Benefits client is eligible f: SNAP Cash n-going Medicaid Emergency Medicaid tes: Next steps Scan and index clearance response fm into HRA Viewer SAVE Request to SAVE Liaison (Fm W-515X) Request SAVE Result from SAVE Liaison Conduct SSA 40 Quarters match check Refer Client to ActionNYC hotline Recall Client to provide immigration documents - scan and index all sides and pages of documents Supervis submit Fm W-200B to FIA Call Center to change ACI code Supervis submit Inter-agency DS and DEC transmittal Fm (MAP-648M) T SDH Center Staff: Last, First Center #: Contact Tel #: RIA Staff: