Temporary Protected Status (TPS) Extended for Ukrainian Nationals

The U.S. Department of Homeland Security (DHS) has extended the temporary protected status (TPS) designation of Ukraine for an additional eighteen months, to April 19, 2025. Following the Russian invasion of Ukraine, TPS designation was initially granted, as explained in the MurthyDotCom NewsBrief, DHS Opens Registration for TPS for Ukraine and Sudan (27.Apr.2022). A national of Ukraine granted TPS must submit an application to re-register during the 60-day re-registration period from 21.Aug.2023 through 20.Oct.2023. The USCIS TPS page provides information and instructions for re-registering under the TPS program.

Background on Temporary Protected Status

TPS allows a national of a designated country to remain in the United States for a specified period, due to conditions in the individual’s home country that would prevent a safe return. The types of conditions that can give rise to a TPS designation include the following: armed conflicts, environmental disasters, epidemics, earthquakes, and other extraordinary, temporary conditions. An individual granted TPS is generally not subject to removal (deportation) from the United States and is eligible to apply for work and travel authorization. The TPS period is temporary and does not lead to any permanent immigration status.

TPS Extended to 19.Apr.2025

The DHS has extended the TPS designation for Ukraine until April 19, 2025, for an individual otherwise eligible for TPS. If the country conditions do not sufficiently improve by that time, DHS will have the discretion to extend the duration of the TPS designation again. If this occurs, an individual must be mindful of the need to re-register and, in most cases, apply to renew work authorization.

DHS Accepting First-Time TPS Applications

The re-designation of Ukraine also allows an otherwise eligible Ukrainian national to apply for initial TPS from 21.Aug.2023 through 19.Apr.2025. An initial applicant must file the form I-821, application for temporary protected status online and can request work authorization using the form I-765, application for employment authorization.

Conclusion

The United States has a proud tradition of offering humanitarian relief to foreign nationals during emergency situations. The Russian invasion of Ukraine has been particularly devastating to Ukrainian nationals, and the DHS extension of TPS for Ukrainian nationals should offer at least a modicum of relief and protection to those who are unable to return home.

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