DHS Extends Temporary Protected Status (TPS) For Ukraine for 18 Months
In a recent update, the Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025, due to the ongoing armed conflict and dire conditions in Ukraine that make it unsafe for individuals to return. This extension also includes a redesignation of TPS, making Ukrainian nationals (as well as those without nationality who last lived in Ukraine) residing in the United States as of August 16, 2023, eligible for TPS.
Secretary of Homeland Security Alejandro N. Mayorkas emphasized the importance of offering protection to Ukrainians facing these challenges through this temporary humanitarian relief.
As the result, approximately 26,000 current TPS beneficiaries can maintain their status through April 19, 2025, as long as they continue to meet eligibility requirements. An estimated 166,700 more individuals may be eligible for TPS under the redesignation, including those in nonimmigrant status or without lawful immigration status.
60 Day Re-registration Period to Extend
Current beneficiaries seeking to extend their TPS status must re-register within the 60-day re-registration period from August 21, 2023, through October 20, 2023, to avoid a gap in their TPS and employment authorization.
U.S. Citizenship and Immigration Services (USCIS) is automatically extending Employment Authorization Documents (EADs) previously issued through October 19, 2024, to accommodate those who may not receive new EADs before their current EAD expiration.
The accouchement confirmed that USCIS will continue processing pending applications filed under previous TPS designations for Ukraine, granting TPS through April 19, 2025, and issuing EADs valid through the same date if approved.
First-time applicants for TPS under the redesignation must submit Form I-821, Application for Temporary Protected Status, during the initial registration period from August 21, 2023, through April 19, 2025. They can also request an EAD by submitting Form I-765, Application for Employment Authorization, either concurrently with Form I-821 or at a later date.
The Federal Register notice provides detailed information on eligibility criteria, timelines, and application procedures for both current beneficiaries seeking to re-register and new applicants applying for TPS under the redesignation, including the process for obtaining an EAD.
What is temporary protected status (TPS)?
TPS is a temporary immigration status granted to eligible nationals of a foreign state designated for TPS under the INA, or to eligible individuals without nationality who last habitually resided in the designated foreign state, regardless of their country of birth.
During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to obtain work authorization so long as they continue to meet the requirements of TPS.
TPS beneficiaries may also apply for and be granted travel authorization as a matter of DHS discretion.
To qualify for TPS, beneficiaries must meet the eligibility standards at INA section 244(c)(1)–(2), 8 U.S.C. 1254a(c)(1)–(2).
When the Secretary terminates a foreign state’s TPS designation, beneficiaries return to one of the following:
- The same immigration status or category that they maintained before TPS, if any (unless that status or category has since expired or terminated); or
- Any other lawfully obtained immigration status or category they received while registered for TPS, as long as it is still valid beyond the date TPS terminates.
When to File for TPS
If you currently have TPS under Ukraine’s designation and would like to keep your TPS, you must re-register during the 60-day re-registration period that runs from Aug. 21, 2023, through Oct. 20, 2023. We encourage you to register as soon as possible within the 60-day registration period.
If you are applying for Temporary Protected Status (TPS) under Ukraine’s designation, effective Oct. 20, 2023, you must register during the registration period that runs from Aug. 21, 2023, through April 19, 2025. We encourage you to register as soon as possible within the registration period.
Source: USCIS August 2023
When was Ukraine designated for TPS?
Ukraine was initially designated on the basis of an ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevented nationals of Ukraine from returning in safety. See Designation of Nationals of Ukraine for Temporary Protected Status, 87 FR 23211 (April 19, 2022).
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices
Where to file for TPS?
USCIS allows TPS to be filed online: https://www.uscis.gov/humanitarian/temporary-protected-status/TPS-Ukraine
We understand the importance of Temporary Protected Status (TPS) for Ukrainian individuals seeking a secure future in the United States. If you need assistance to file for TPS, schedule a consultation with us today. Let us provide the expertise and support you need to navigate the TPS application process smoothly and efficiently. We are ready to:
- help you determine your eligibility
- explain your rights and responsibilities to maintain TPS
- guide you through the application process
Why is the Secretary extending the TPS designation for Ukraine and simultaneously redesignating Ukraine for TPS through April 19, 2025?
DHS has reviewed country conditions in Ukraine. Based on the review, including input received from DOS and other U.S. Government agencies, the Secretary has determined that an 18-month TPS extension is warranted because ongoing armed conflict and extraordinary and temporary conditions supporting Ukraine’s TPS designation remain. The Secretary has further determined that redesignating Ukraine for TPS under INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is warranted and is changing the “continuous residence” and “continuous physical presence” dates that applicants must meet to be eligible for TPS.
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices
Details can be found in the Federal Register: Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices – see attached PDF.
Important Dates for TPS for Ukraine (August 2023 – Source USCIS)
| TPS Designated Through: | April 19, 2025 |
|---|---|
| Re-Registration Period: | Aug. 21, 2023 – Oct. 20, 2023 |
| Registration Period: | Aug. 21, 2023 – April 19, 2025 |
| Continuous Residence in U.S. Since: | Aug. 16, 2023 |
| Continuous Physical Presence in U.S. Since: | Oct. 20, 2023 |
| TPS Designation Date: | April 19, 2022 |
| Current TPS Designation Date: | Oct. 20, 2023 |
| Federal Register Notice Citation: | 88 FR 56872 |
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