Dear Colleague:
Guidance in this letter supersedes all guidance in DCL GEN 22-08.
Section 2502 of the Afghan Supplemental Appropriations Act, 2022 enacted December 29, 2022 (Div. M. of Pub. L. 117-328), provided that Afghan nationals paroled into the United States between July 31, 2021 and Sept. 30, 2023 are eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. § 1157) until March 31, 2023, or the term of parole granted, whichever is later, unless parole has been terminated by the Secretary of Homeland Security. In addition, Afghan nationals paroled into the United States after Sept. 30, 2022, are eligible for these benefits if they are the spouse or child of an Afghan paroled between July 31, 2021, and Sept. 30, 2023, or the parent or guardian of an unaccompanied Afghan child who was paroled between July 31, 2021, and Sept. 30, 2023. This letter outlines which Afghan arrivals are eligible for Title IV aid and how to document their eligibility.
Section 484(a)(5) of the Higher Education Act of 1965, as amended (HEA) states that, for the purposes of Title IV aid eligibility, a student must be a citizen or national of the United States, a permanent resident of the United States, or able to provide evidence from the Department of Homeland Security (DHS) that they are in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident. To implement this requirement the Department has followed the statutory guidelines in the Personal Responsibility and Work Opportunity Act of 1996, as amended (PRWORA). Section 1641(b) of PRWORA outlines noncitizens that are eligible for Federal public benefits which include lawful permanent residents, conditional permanent residents and individuals who are paroled into the United States for a period of at least one year. Therefore, ED considers a Special Immigrant (SI) Lawful Permanent Resident (SI LPR), an SI Conditional Permanent Resident (SI CPR), an SI Parolee, and a Non-SI Afghan Parolee (Non-SI Parolee) to be eligible for Title IV aid provided that all other applicable student eligibility criteria are met. For more information on student eligibility, including eligible noncitizens, please see Volume 1, Chapter 2 of the Federal Student Aid (FSA) Handbook. For more information about these Afghan arrival categories, please refer to DHS-SAVE’s Fact Sheet.
Please also note that Afghan arrivals may have other immigration statuses that make them eligible for Title IV student aid, such as lawful permanent residence unrelated to a Special Immigrant Visa.
Process for Verifying the Title IV Eligibility of Eligible Noncitizens
DHS assigns an Alien Registration Number (A-Number) to many noncitizens. ED uses the A-Number to identify which applications must be sent to DHS for immigration status verification. If the applicant indicates on the Free Application for Federal Student Aid (FAFSA®) that they are an eligible noncitizen and provides an A-Number, identifying information is sent to DHS for eligible noncitizen automated primary and secondary matching (also referred to as confirmation). If the applicant’s Student Aid Report (SAR) or Institutional Student Information Record (ISIR) indicates that either automated match was successful, then the student is eligible for Title IV aid, as long as the student meets all other applicable eligibility criteria.
If neither automated match was successful, you have conflicting information about the applicant’s immigration status after receiving a primary or secondary match result, or the applicant requests it, you must submit the applicant’s immigrant documentation to the DHS - U.S. Citizenship and Immigration Services - Systematic Alien Verification for Entitlements System (SAVE) for third-step verification. You only have to collect applicants’ immigration documentation if third-step verification is required.
Documenting Title IV Eligibility for Afghan Special Immigrants and Non-Special Immigrant Parolees
Below, we list documentation requirements for the Afghan SI categories and those granted Non-SI Parole, and the response you will receive in SAVE after completing third-step verification. If the applicant has documentation that differs from the requirements but claims to fall within one of the eligible categories, submit the applicant’s documentation for third-step verification. You must base your eligibility determination on the response in SAVE.
For detailed information on completing third-step verification, see the SAVE Instructions for U.S. Department of Education (School) Users document posted on the DHS-SAVE Electronic Third Step Verification page of Federal Student Aid’s Knowledge Center.
Special Immigrant Lawful Permanent Residents
These applicants may have foreign passports with Machine Readable Immigrant Visas (MRIVs) and a DHS, U.S. Customs and Border Protection (CBP) stamp admitting them with an SQ1, SQ2, or SQ3 Class of Admission (COA). These applicants may also have a temporary Form I-551 stamp in their foreign passport or on a Form I-94. Others may have a Form I-551 Permanent Resident Card. Sometimes, a Permanent Resident Card might be valid past the expiration date listed on the card. In that situation, the applicant might show a Form I-797 Notice of Action that notes the extension period. SI LPRs will receive the “Lawful Permanent Resident” response in SAVE. Note that some SI LPRs may not have a physical immigrant visa in their passport and may not have a temporary Form I-551 stamp.
Special Immigrant Conditional Permanent Residents
These applicants may have foreign passports with MRIVs and a DHS, CBP stamp admitting them with a CQ1, CQ2, or CQ3 COA. These applicants may also have a temporary Form I-551 stamp in their foreign passport or on a Form I-94. Others may have a Form I-551 Permanent Resident Card. SI CPRs will receive the “Conditional Resident” response in SAVE. Sometimes, a Permanent Resident Card might be valid past the expiration date listed on the card. In that situation, the applicant might show a Form I-797 Notice of Action noting the extension period.
Special Immigrant Parolees and Non-Special Immigrant Afghan Parolees
SI Parolees may have a separate Form I-94 with the following notation:
Sec 602(b)(1) AAPA / Sec 1059(a) NDAA 2006
Date ______ USCIS officer: ______
These applicants may also have a Form I-766, Employment Authorization Document (EAD), with a C11 parolee category. SI Parolees will receive the “Parolee-Expires” or “Parolee-Indefinite” response in SAVE with SQ4 or SQ5 as the COA.
Non-SI Parolees may have a Form I-766, EAD, with a C11 category or a CBP “PAROLED” stamp in their passport. Some of these passports may have an “OAR” notation in the parole stamp. DHS implemented this code to help distinguish these Afghan arrivals from other parolees, but some non-SI parolees may have a general parole COA such as DT or PAR. Non-SI Parolees will also receive a “Parolee-Expires” or “Parolee-Indefinite” response in SAVE with OAR, PAR, or DT as the COA.
Unlike most other parolee applicants, eligible Afghan parolees are not required to have been paroled into the United States for at least one year (although they generally have been), nor are they required to have additional documentation (such as a Form I-797C, Notice of Action, indicating receipt of a Form I-485 Application to Register Permanent Residence or Adjust Status) in order to show that they are “in the U.S. for other than a temporary purpose with intent to become a U.S. Citizen or Permanent Resident.” Please note that the flexibility discussed in this paragraph is a result of the 2022 Afghan Supplemental Appropriations Act and lasts until March 31, 2023, or the term of parole granted, whichever is later, unless parole has been terminated by the Secretary of Homeland Security. After that time the Afghan arrival will be required to comply with the standard parolee procedures as outlined in the most recent version of the Federal Student Aid (FSA) Handbook, Volume 1, Chapter 2.
Examples Outlining Afghan Parolee Flexibilities:
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An Afghan Parolee was paroled into the U.S. for two years on August 30, 2022. If the automated matches do not confirm the individual’s eligible noncitizen status, a comment code is added to the individual’s ISIR / SAR. The individual’s documentation (ex. Form I-94) needs to be submitted to SAVE for third-step verification. Because the Afghan arrival was paroled within the allotted timeframes mentioned above and their parole has not expired, the individual will not be required to have any additional documentation (ex. Form I-797C showing receipt of Form I-485) until after August 30, 2024*.
* Note that the student was paroled for two years (August 30, 2022 to August 30, 2024). Although August 30, 2024, is after March 31, 2023 (the expiration of the 2022 Afghan Supplemental Appropriation Act flexibilities), the student is eligible without having to provide additional documentation because their parole has not expired.
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An Afghan Parolee paroled into the U.S. on or after October 1, 2023 will be required** to be paroled for at least one year and also submit additional documentation showing intent to be in the U.S. for other than a temporary purpose (ex. Form I-797C showing receipt of Form I-485) as outlined in the Volume 1, Chapter 2 of the most recent Federal Student Aid (FSA) Handbook, unless they are the spouse, child or parent or legal guardian of a previous Afghan parolee as described above.
** The only exception for this student is if they are a spouse, child or parent or legal guardian of a previous Afghan parolee as described above. If this is the case, the student is not held to the one-year parole or additional documentation requirement.
Examples of Afghan arrival documentation are available in the DHS-SAVE Afghan Arrivals Fact Sheet.
Non-Title IV Aid Resources
You may contact the U.S. Department of Health and Human Services - Office of Refugee Resettlement to learn about additional assistance available for recent Afghan arrivals. In addition, the DHS REAL ID FAQs webpage contains information regarding Afghan parolee eligibility for REAL ID driver's licenses and identification cards.
Contact
For more information, please see Volume 1, Chapter 2 of the Federal Student Aid (FSA) Handbook. For other questions regarding this letter, please contact Aaron Washington in the Office of Postsecondary Education at aaron.washington@ed.gov.
Sincerely,
Annmarie Weisman
Deputy Assistant Secretary for Policy, Planning, and Innovation
Office of Postsecondary Education