On Friday, August 18, 2023, the Department of Homeland Security (DHS) announced the extension and re-designation of Ukraine for Temporary Protected Status (TPS) for 18 months, from Oct. 20, 2023, through April 19, 2025.
The redesignation of Ukraine allows additional Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) who have continuously resided in the United States since Aug. 16, 2023, and have been continuously physically present in the United States since Oct. 20, 2023, to file initial applications to obtain TPS.
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. Applicants may file Form I-821 online.
Existing TPS beneficiaries who continue to meet their eligibility requirements and wish to extend their status through April 29, 2025, 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.
Recognizing that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires, U.S. Citizenship and Immigration Services (USCIS) is automatically extending EADs previously issued through October 19, 2024.
USCIS will continue to process pending applications filed under previous TPS designations for Ukraine. Individuals with a pending Form I-821 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.
DHS also announced 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.
DHS notes that it has provided for the extension and re-designation of Ukraine for TPS and Special Student Relief due to ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent individuals from safely returning, in particular the expansion of the Russian military invasion into Ukraine, which has led to high numbers of civilian casualties and reports of war crimes and crimes against humanity committed by Russian military forces and officials. The resultant humanitarian crisis has led to significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or access to medical services, conditions that prevent Ukrainian nationals and habitual residents from safely returning.
Should you have questions about the extension and re-designation of TPS for Ukraine and its implementation, including how to apply as a first-time applicant, please contact Green and Spiegel at (215) 395-8959 or Stephen Antwine at santwine@gands-us.com.
