Ukraine TPS Updates

Ukraine was originally designated for Temporary Protected Status (“TPS”) [see article] on April 19, 2022, shortly after the onset of the Russian invasion of Ukraine. The USCIS maintains an updated page on Ukraine's TPS status [link].

October 20, 2023 Ukraine TPS Re-Designation

On August 18, 2023, the Secretary of Homeland Security Alejandro Mayorkas announced [link] that Ukraine's TPS designation would be extended for a period of 18 months. The extension takes effect on October 20, 2023, and runs through April 19, 2025. The Secretary of Homeland Security additionally re-designated Ukraine for TPS, meaning that the door is open for Ukrainians who were not present in the United States at the time of Ukraine's initial TPS designation to now apply for TPS.

Current Ukrainian TPS beneficiaries will be able to retain TPS through April 19, 2025, provided that they remain eligible for TPS. The Department of Homeland Security estimated that there were about 26,000 Ukrainian TPS beneficiaries as of August 18, 2023. Current Ukrainian TPS beneficiaries must re-register for TPS between August 21, 2023, and October 20, 2023, to ensure that they keep TPS and retain their associated employment authorization. Ukrainian TPS beneficiaries who re-register in a timely manner will have their current employment authorization documents (“EADs”) automatically extended through October 19, 2024, to cover any gaps in issuing new documents.

Those who had pending TPS applications prior to August 21, 2023, need not file new applications. Any TPS applications approved in the first instance after August 21, 2023, will be good through April 19, 2025.

Because the Department of Homeland Security re-designated Ukraine for TPS, Ukrainians who are eligible may apply for TPS in the first instance. The USCIS estimated that there are about 166,700 Ukrainians in the United States who may be eligible for TPS and who do not already have TPS. In order to be granted TPS, an eligible Ukrainian must file the Form I-821 online during the new initial registration period, which runs from August 21, 2023, through April 19, 2025. Applicants may request employment authorization with the filing of the Form I-765 concurrently with the Form I-821 or file at a later date. Applicants must remember that TPS is not inherently employment authorized and that employment authorization requires a separate Form I-765 application.