On August 18, DHS today announced an extension and redesignation of Temporary Protected Status (TPS) for Ukraine until at least April 2025, due to ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent individuals from safely returning. The Federal Register Notice is set to be published on August 21, 2023.
- Redesignation: Ukrainian nationals who have been continuously present in the United States since August 16, 2023 will be eligible to apply.
- Extension: The extension will last from October 20, 2023 through April 19, 2025.
Finally, along with the extension and redesignation announcement is a Special Student Relief notice for F-1 nonimmigrant students whose country of citizenship is Ukraine so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 status through the TPS designation period.
Impact
- The extension allows approximately 26,000 current beneficiaries to retain TPS through April 19, 2025, if they continue to meet TPS eligibility requirements.
- An estimated 166,700 additional individuals may be eligible for TPS under the redesignation of Ukraine. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) in the United States in nonimmigrant status or without lawful immigration status.
What to Expect
Current beneficiaries who wish to extend their temporary protected status must re-register in a timely manner during the 60-day re-registration period from August 21, 2023 through October 20, 2023 to ensure they keep their TPS and employment authorization without a gap. USCIS is automatically extending EADs previously issued through October 19, 2024, acknowledging that not all re-registrants may receive a new EAD before their current EAD expires.
Pending Applications: USCIS will continue to process pending applications filed under previous TPS designations for Ukraine.
- Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again.
- If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Ukraine, USCIS will grant the individual TPS through April 19, 2025, and issue an EAD valid through the same date.
Initial, first-time applicants for TPS under the redesignation of Ukraine must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from August 21, 2023 through April 19, 2025.
- When filing a TPS application, applicants can also request an EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately at a later date.
- Applicants may submit Form I-821 and Form I-765 online.
Erickson Insights and Analysis
The Federal Register notice explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.