Update to Temporary Protected Status for Ukraine & Sudan
On August 18, 2023, the US Secretary of Homeland Security announced the extension and redesignation of Ukraine and Sudan for Temporary Protected Status (TPS) for 18 months. This extension and redesignation will be in effect from October 20, 2023, to April 19, 2025.
TPS is a program that grants migrants whose home countries are deemed unsafe the right to live and work in the US on a temporary, and extendable, basis.
Initial TPS applications
Individuals entering the US from TPS-designated countries can apply for TPS online using Form I-821, Application for Temporary Protected Status. The period for initial TPS applications is open from August 21, 2023, through April 19, 2025
TPS applicants can also request an EAD by submitting a completed Form I-765, Application for Employment Authorization, either at the same time as their Form I-821, or separately at a later date.
Extending TPS
Those who already have TPS can apply to extend their status, provided they continue to satisfy the eligibility requirements and file their application during the 60-day re-registration period from August 21, 2023 through October 20, 2023.
USCIS is automatically extending EADs previously issued through October 19, 2024 to avoid validity issues.
Pending TPS applications
Individuals with a pending Form I-821 or a related Form I-765 for Employment Authorization, do not need to file either application again.
USCIS will continue to process pending applications filed under previous TPS designations.
If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Sudan or Ukraine, USCIS will grant the individual TPS through April 19, 2025, and issue an EAD valid through the same date.
TPS & EADs
Those who wish to re-register and extend their Employment Authorization Documents (EADs) must do so between August 21, 2023 and October 20, 2023, during the 60-day re-registration period. DHS warns that delaying too long may result in gaps in employment authorization or even status loss.
EADs will be automatically extended until October 19, 2024, as DHS recognises that even timely applicants may experience a lapse in employment authorization. Individuals with pending EAD applications are not required to reapply.
When issued, their EADs will be valid until April 19, 2025.
F1 status
The updated provisions also permit Ukrainian and Sudanese students in F-1 status who are experiencing extreme economic hardship to work more hours on and off campus until April 19, 2025.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
