Work Authorization In Afghanistan: Understanding The Complexities

To work in Afghanistan, you must have an approved work visa and work permit. The Ministry of Labor and Social Affairs (MoLSA) is responsible for approving work permits based on the requirements for certain international workers. The single-entry work permit is valid for a month and can be extended at extra charges. The foreign national must have an approved Afghanistan work visa and work permit to enter the country and work legally.

There are different types of visas available for foreigners, including diplomatic, official, multiple-entry, and tourist visas. The requirements for an Afghanistan Work Visa include being above 18 years old, having a health certificate, and having a clean criminal record. The eligibility criteria include being a genuine traveller with good intentions, having sufficient funds, and having a strong relationship with your native country.

In addition, certain Afghan parolees are authorized to work in the United States incident to parole. This applies to parolees whose Form I-94 contains a class of admission of PAR or OAR and indicates Afghanistan as the country of citizenship. These individuals are also exempt from fees when applying for an initial Employment Authorization Document (EAD).

Requirements for an Afghanistan Work Visa

To work in Afghanistan, you will need to apply for a work visa. Here are the requirements and procedures you need to follow:

Multiple Entry Visa:

This is the most common type of work visa for foreigners employed by organizations or corporations registered with the Afghan government or ISAF. The visa is valid for six months and allows the holder to work in Afghanistan. To apply for this visa, you must submit your application at an Afghan Embassy or Consulate before travelling to Afghanistan.

Diplomatic Visa:

This type of visa is only issued by the Afghan Ministry of Foreign Affairs (MFA) based on reciprocity. It is typically valid for one year but may sometimes be valid for six months or less. To be eligible, you must hold a diplomatic passport.

Official Visa:

The Official Visa is also issued exclusively by the Afghan MFA and is valid for six months. In some cases, it may be issued for the duration of your stay if it is expected to be less than one year. To apply, you must hold an official passport.

Application Process:

You can apply for an Afghanistan work visa by contacting the nearest Afghan diplomatic mission or the Consular Section of the Ministry of Foreign Affairs in Kabul if you are already in Afghanistan. Alternatively, if you are a contractor working within the country, you can seek assistance from your company's Human Resources office. It is important to note that Afghan visas are not available upon arrival at airports or land borders, and there may be inconsistencies in the entry/exit control process. Therefore, it is advisable to have your visa secured before travelling.

Visa Duration and Renewal:

Afghan visas typically have a fixed validity period but allow for a shorter duration of stay. For example, if you are issued a six-month multiple-entry visa with a three-month duration of stay, the three-month period begins on your first arrival and expires three months later, regardless of how long you actually stay in the country. If you plan to stay longer, you will need to renew your visa before it expires by applying at the General Passport Office in Kabul.

Visa Expiration and Fines:

If your visa expires, you will be subject to a fine of $2 per day for the first month and $5 per day for the second month, up to a maximum fine of $210. After two months, you must pay the applicable fine and may be subject to deportation.

Work Permit Exceptions

• International employees must abide by the laws enforced by the Afghan government and respect the citizens' beliefs and traditions.
• Employers must notify the Ministry of Labor and Social Affairs (MoLSA) about any changes in the foreign employee's job specifications.
• In cases where similar talent is available domestically, employers must prioritize local candidates over international ones.
• If restrictions are imposed on Afghan citizens, the government holds the right to impose restrictions on businesses owned by citizens of the country.
• All employees, including foreign nationals, must observe the weekend on Fridays.

Additionally, here are some key points to note about the Afghanistan work visa:

• There is only one type of work visa in Afghanistan, granted by the MoLSA.
• The single-entry work permit is valid for one month and can be extended at extra charges.
• For a work visa extension, the employer must request an extension through the Ministry of Interior, and the employee must have a letter of extension from the Ministry of Foreign Affairs.
• The foreign national must have an approved Afghanistan work visa and work permit to enter the country and work legally.

Eligibility for Employment Authorization in the US for Afghan Nationals

Afghan nationals who have been granted humanitarian parole in the US are eligible to apply for an Employment Authorization Document (EAD) to work legally in the country. This is a temporary benefit, and does not lead to any immigration status.

To be eligible for an EAD, you must be an Afghan national who:

• Has been recently paroled into the US, and that parole remains valid; or
• Has applied for asylum, and that application has been pending for at least 150 days.

If you are eligible, you can apply for an EAD by creating a USCIS account online and filing Form I-765. If your application is approved, USCIS will mail your work permit to the address you provided.

Additional Information

• Afghan nationals who have been granted humanitarian parole are also eligible for the same benefits and services as refugees admitted under the US Refugee Admissions Program (USRAP).
• Afghan nationals who have been granted Temporary Protected Status (TPS) are not removable from the US and can obtain an EAD.
• Afghan nationals who have been granted humanitarian parole can apply for federal "mainstream" benefits, such as cash assistance through Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF), health insurance through Medicaid, and food assistance through the Supplemental Nutrition Assistance Program (SNAP).
• Afghan nationals who have been granted humanitarian parole are eligible for work authorization in the US but are not eligible for refugee resettlement programs or other federal benefits.
• Afghan nationals who have been granted humanitarian parole for up to two years can apply for an extension of their parole and employment authorization for up to two years.

Afghan Work Visa Application Process

The Afghan visa policy is subject to change and remains unclear due to the political power imbalances in the country. However, here is a step-by-step guide to the Afghan Work Visa Application Process.

Step 1: Determine Eligibility

To be eligible for a work visa, you must be a citizen of a foreign country and meet the following requirements:

• Have been employed in Afghanistan for at least one year between October 7, 2001, and December 31, 2023.
• Have been employed by or on behalf of the US government, the International Security Assistance Force (ISAF), or a successor mission.
• Provide a positive letter of recommendation or evaluation from your senior supervisor or the person currently occupying that position.
• Have experienced or be experiencing an ongoing serious threat as a consequence of your employment.

Step 2: Gather Required Documents

The following documents are typically required for a work visa application:

• A valid passport with at least six months of validity remaining after the intended date of departure from Afghanistan.
• A completed and signed visa application form.
• Two passport-type photographs with a white background, taken within the last six months.
• A business support letter from the sending company introducing the applicant, stating the nature of the trip, and specifying the type and desired validity of the visa.
• Proof of sufficient funds to cover the duration of your stay in Afghanistan.
• A letter of invitation or sponsorship from an Afghan company or organization.
• A copy of your resume or CV.
• Evidence of travel reservations or a detailed itinerary for the duration of your trip.

Step 3: Complete the Online Application

The Afghan work visa application can be completed online through the Afghan e-Visa portal. Create an account, fill out the application form, and submit the required documents.

Step 4: Pay the Visa Fee

After submitting your application, you will be directed to a payment page to pay the visa fee. The fee amount may vary depending on your country of origin and the type of visa requested.

Step 5: Schedule an Interview (if required)

In some cases, you may be required to schedule an interview at the Afghan embassy or consulate in your country of residence. Check with the local Afghan diplomatic mission for specific instructions.

Step 6: Wait for Visa Processing

The processing time for Afghan work visas may vary, but it typically takes a few weeks to several months. You can track the status of your application through the online portal or by contacting the Afghan embassy.

Step 7: Receive Your Visa

Once your visa application is approved, you will be notified and provided with instructions on how to receive your visa. This may involve picking it up from the embassy or receiving it by mail, depending on the specific instructions given to you.

Afghan Work Permit Fees

To work in Afghanistan, a foreign national must have an approved work visa and work permit to enter the country and work legally. The Ministry of Labor and Social Affairs (MoLSA) is responsible for approving work permits based on the requirements for certain international workers.

There is only one type of work visa in Afghanistan that the MoLSA grants. The single-entry work permit is valid for one month and costs USD 100. If employees wish to extend their stay, they must pay USD 50 per month to the Ministry of Interior (MoI).

In addition to the work visa, there is a business visa available. However, foreign employees travelling to the country for work do not qualify for a business visa.

In the United States, the Biden administration has waived application fees for Afghan evacuees filing requests for work permits and permanent residency. Typically, United States Citizenship and Immigration Services (USCIS) charges $495 for a work permit application and biometric data collection.

Frequently asked questions