Ukraine’s Temporary Protected Status (TPS) is Redesignated with New Eligibility Dates and Extended for Current TPS Holders

Today, the Department of Homeland Security (DHS) announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025, due to the ongoing war and extraordinary conditions in Ukraine that prevent individuals from safely returning.

In addition to extending TPS for Ukraine, DHS announced a redesignation of TPS for Ukraine for a second term. This opens new eligibility to Ukrainian nationals (and those with no nationality who last habitually resided in Ukraine) who arrived after April 11, 2022 and have been living in the United States as of August 16, 2023 to apply for the second TPS term. The first TPS term will remain in effect through October 19, 2023.

** Note that the new 18-month TPS term does not begin until October 20, 2023. Thus, the new period of Temporary Protected Status runs from October 20, 2023 through April 19, 2025. However, individuals may begin registering (and re-registering if they currently hold TPS) on August 21, 2023. **

Initial, first-time applicants for TPS who are eligible for the  newly redesignated term 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. When filing a new TPS application, applicants can also request an Employment Authorization Document (EAD) at the same time by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, which can also be filed online. Or, applicants may apply for an EAD separately at a later date.

** Current TPS holders who wish to extend their TPS status must re-register for TPS during the 60-day re-registration period from August 21, 2023 through October 20, 2023 to ensure they maintain their TPS and employment authorization without a gap. ** U.S. Citizenship and Immigration Services (USCIS) is automatically extending EADs previously issued through October 19, 2024, since not all re-registrants may receive a new EAD before their current EAD expires.

USCIS will continue to process pending applications filed under the previous TPS designation 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 will issue an EAD that is valid through the same date.

More details about TPS can be found below. The Federal Register notice also explains the eligibility criteria, timelines, and procedures necessary for current TPS holders (beneficiaries) to re-register and renew their EADs, as well as how new applicants can submit an initial application under the newly redesignated term and apply for an EAD.

The Ukraine Immigration Task Force is grateful to Secretary Alejandro N. Mayorkas and the Department of Homeland Security (DHS) for extending and redesignating Temporary Protected Status (TPS) for Ukraine, which provides lifesaving protection in the United States to the many Ukrainians fleeing the ravages of war, dangerous conditions, humanitarian disasters, and unspeakable atrocities against civilians.

What Is Temporary Protected Status (TPS)

Temporary Protected Status (TPS) is a temporary immigration protection that is provided to nationals of certain countries who cannot return to their home countries due to an ongoing armed conflict, environmental disaster, or other dangerous conditions defined by the U.S. State Department. Individuals who are granted TPS are protected from being removed from the United States and are permitted to work if they receive employment authorization through TPS. Individuals who are granted TPS may also apply for permission to travel abroad and return to the U.S.

When Does the New TPS Period Begin and End for Ukrainians?

The Department of Homeland Security redesignated Ukraine for a second term of TPS for 18 months starting August 21, 2023. If TPS is granted to the applicant, the TPS status lasts only until the end of Ukraine’s redesignated period, regardless of the individual’s application or approval date. The new TPS term for Ukraine is effective through April 19, 2025.

*Note that the original TPS term that began on April 19, 2022 remains in effect through October 19, 2023.*

Which Ukrainians Are Eligible to Apply for TPS?

Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) who arrived in the U.S. on or before August 16, 2023 and have been physically present in the U.S. continuously since October 20, 2023 may apply for TPS. Applicants must be physically present in the U.S. when applying for TPS. Ukrainians who arrived in the U.S. after August 16, 2023 are not eligible to apply for TPS during the new registration period.

**What is the Difference Between Continuously Residing and Continuously Physically Present?**

Continuously residing means residing in the United States for the entire period specified in the TPS requirements. Ukrainians must have been continuously residing in the U.S. on or before August 16, 2023. To show continuous residence, applicants may provide such evidence as a utility bill dated on or before August 16, 2023 to show that they resided in the U.S. on date.

Continuously physically present means actual physical presence in the United States for the entire period specified. Ukrainians must be physically present in the U.S. as of October 20, 2023 (the date when the new TPS term begins). To show continuous physical presence, applicants may provide such evidence as a passport, I-94 record, or other documentation, like a utility bill, that shows they were physically present as of October 20, 2023.

To qualify for the new term of TPS, Ukrainians must show that they were both continuously residing in the U.S. on or before August 16, 2023 AND that they were continuously physically present in the U.S. since October 20, 2023 (the date when the new TPS term begins).

Which Immigration Statuses May Apply for TPS?

TPS is available regardless of one’s current immigration status in the U.S., except those who are already U.S. Citizens or Lawful Permanent Residents (green card holders). However, eligibility may be affected if an individual has been convicted of any felony or 2 or more misdemeanors committed in the United States. Individuals who have ever been arrested, cited, or convicted of a crime are advised to speak to an expert on immigration law before applying for TPS. Additionally, it may be necessary to obtain a Certificate of Disposition for each matter.

Those who previously applied for asylum and have a case pending should speak with an attorney before applying for TPS, since there could be some interactions between asylum and TPS.

Can Humanitarian Parolees Apply for TPS?

Humanitarian Parolees who entered on Uniting for Ukraine or who were paroled at the Southwest border may apply for TPS if they meet the eligibility criteria. Parolees are not required to apply for TPS, but they may do so to extend their allowed stay in the United States.

If humanitarian parolees apply for and are granted Temporary Protected Status, TPS will not take away their parole status — individuals can hold both TPS and humanitarian parole at the same time. Humanitarian parolees with TPS will also continue to be eligible for parolee benefits for as long as their parole period is valid. In fact, Ukrainian parolees who hold TPS will also need to remain in a period of valid humanitarian parole concurrently with their TPS if they want to continue to have access to their parolee benefits.

Ukrainian parolees who remain in the United States on TPS after their parole period expires will be protected from removal, but they will no longer be eligible for parolee benefits.

How Can Ukrainians Who Already Hold TPS Re-Register for the New TPS Term?

Current TPS holders who wish to extend their TPS status must re-register for TPS during the 60-day re-registration period from August 21, 2023 through October 20, 2023 to ensure they maintain their TPS and employment authorization without a gap! Otherwise, they will need to either file a late re-registration and demonstrate good cause for why they didn’t file on time, or, file an entirely new TPS application.

Existing TPS holders can re-register for TPS by filing Form I-821, an Application for Temporary Protected Status. In Part 1 on Page 1, check box 1.b. that indicates “This is my re-registration application for TPS.”

Current TPS holders applying for TPS re-registration do not need to resubmit any documentation to prove their nationality, date of entry into the U.S., continuous physical presence, or continuous residence. However, USCIS may ask for additional information and/or documentation in certain circumstances.

Before applying for TPS re-registration, applicants should be screened to ensure they are still eligible for TPS and still meet the continued physical presence and residence requirements. Any new criminal issues or other developments that could trigger inadmissibility should be discussed with a qualified attorney, as applicants may need to file Form I-601, Application for Waiver of Grounds of Inadmissibility, along with supporting documentation.

Applicants for TPS re-registration who are requesting a new EAD must file a new Form I-765, Application for Employment Authorization. Form I-765 may be filed together with the I-821, or it may be filed later based on a pending or approved I-821.

Applicants may either file online or by mail. Applicants can file online through the U.S. Citizenship and Immigration Services (USCIS) website by setting up or using their existing USCIS account. Applications can also be sent by mail to the appropriate address listed on this page for the filing state in which they reside: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-ukraine

How and When Can Ukrainians Apply for TPS for the First Time?

Individuals from Ukraine who are in the U.S. must apply for Temporary Protected Status in order to obtain this protection. It is not granted automatically. To apply for TPS, file Form I-821, an Application for Temporary Protected Status. In Part 1 on Page 1, check box 1.a. that indicates “This is my initial (first-time) application for Temporary Protected Status (TPS).“

First-time applicants who arrived in the United States between April 12, 2022 and August 16, 2023 may begin applying during the new registration period that begins on August 21, 2023. First-time applicants may continue to apply until the end of the second TPS term on April 19, 2025.

Note that first-time applicants who arrived in the United States on or before April 11, 2022 but did not apply for the first TPS term currently in effect that expires October 19, 2023 may apply now for either the first or second TPS term. If their TPS application is approved, they will automatically be granted TPS through the end of the new term that expires April 19, 2025.

If the applicant is granted TPS, the temporary protected status takes effect on the date that USCIS approves the application, not on the date the application is received.

Due to the high volume of applications, please note that it could take up to 6-8+ months for TPS applications to be processed.

Which Documents Are Required when Applying for TPS for the First Time?

To apply for TPS, you will need to show that 1) you are from a TPS-designated country (i.e. Ukraine), 2) you arrived in the U.S. on or before the designated date (August 16, 2023), and 3) you have been continuously residing in the U.S. You must be physically present in the U.S. since October 20, 2023.

Here is a list of documents to provide with your TPS application:

Proof of identity and nationality
- Passport, birth certificate with photo identification, or a national identity document from your home country with a photo and / or fingerprint.
Proof of your date of entry into the U.S.
- Passport entry stamp, I-94 arrival / departure record, or other documents proving your entry into the U.S. on or before August 16, 2023.
Proof of your continuous residence in the U.S. These may include:
- Employment records (pay stubs, W-2 forms, IRS tax transcripts, state verification of state tax filing, letters from your employer, statements from banks you have done business with).
- Rent receipts, utility bills (gas, electricity, phone, etc.), receipts or letters from companies showing the dates you received service.
- School records (report cards, letters, etc.) from the schools you or your children attended in the US, showing the names of the schools and dates of attendance.
- Hospital or medical records of the treatment you or your children received, showing the name of the medical or medical facility and the dates of treatment or hospitalization.
- Statements from churches, unions, or other organizations relative to your residence and that identify you by name.
- Other miscellaneous documents, such as birth certificates of your children born here, dated bank transfers and transactions, letters, US Social Security card, driver’s license, Selective Service card, contracts, mortgages, insurance policies, etc.
Court disposition records for individuals who were ever arrested, charged, or convicted for a criminal offense

Are Expired Passports Acceptable Forms of Identification to Establish Nationality and Identity?

Expired passports are acceptable to establish nationality and identity. However, USCIS may request additional evidence of nationality or identity if there is a question about whether an applicant has demonstrated those requirements.

Do TPS Applicants Need to List Every Country They Ever Traveled to, or Only Those Countries in which They Stayed after Leaving Ukraine?

TPS applicants only need to list countries they entered while traveling to the United States from Ukraine. These include countries in which they lived as well as those through which they traveled. On Form I-821, Part 11, Additional Information, applicants may provide the dates when they were in those countries and any immigration statuses they had while in those countries.

Can Individuals with Dual Nationality Apply for TPS?

USCIS has stated that having dual nationality does not preclude an individual from being eligible for TPS, as long as they can satisfy the requirement of nationality for the TPS-designated country.

However, an application by a dual national could be reviewed with more intensive scrutiny to determine their “operative nationality“. This includes reviewing how the applicant entered the United States, which passport they used to travel to the United States, and how they identified their nationality on other government forms and applications, along with their documentary evidence of nationality.

Additionally, the applicant may have to overcome the “firm resettlement” bar for TPS. Simply holding a passport from a non-TPS country may not by itself raise a firm resettlement challenge if they did not enter that country before arriving in the United States. On the other hand, if they entered the non-TPS country and received an offer of permanent resident status, citizenship, or some other type of permanent resettlement in that country (or in a third country), they could be required to establish that they are not subject to the firm settlement bar by providing evidence that there were no significant ties that country, or that there were restrictive conditions in the non-TPS (or third) country.

Hence, while being a dual national does not prohibit an applicant from applying for TPS, each person’s case will be considered individually, and USCIS has significant discretion in determining whether the applicant meets the TPS eligibility standards.

Does Each Person in the Family Need to Apply for TPS?

Yes, each person in the family must apply separately for TPS, and each applicant must include a fee with their application unless the family is applying for a fee waiver. Each applicant must individually meet the eligibility requirements for TPS. Family members may submit their applications at the same time or at different times.

What is the Deadline for Ukrainians to Apply for TPS?

The newly redesignated TPS period for Ukraine expires April 19, 2025. Those who are eligible for the new TPS term may apply for TPS anytime during the registration period for the second term until the expiration date of April 19, 2025.

Should Ukrainians Who Already Submitted a Form I-821, Application for Temporary Protected Status, Re-File their TPS Application if It Is Pending Review?

USCIS will continue to process pending applications filed under the previous TPS designation period for Ukraine, which began in April 2022. Individuals with a pending Form I-821, Application for Temporary Protected Status and/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.

How Can Ukrainians Who Already Hold TPS Extend their Temporary Protected Status?

Current TPS holders who wish to extend their TPS 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. U.S. Citizenship and Immigration Services (USCIS) is automatically extending EADs previously issued through October 19, 2024, since not all re-registrants may receive a new EAD before their current EAD expires.

Are Ukrainians with TPS Allowed to Work?

Ukrainians who wish to work but are not already employment authorized or whose employment authorization expires must file Form I-765, an Application for Employment Authorization for TPS. Form I-765 may be filed either at the same time as the TPS application or at a later time.

Please note that Ukrainians who hold certain statuses such as B-2 visitor visas should consult with an attorney about their employment options, since these statuses do not allow the visa holder to work during the visa stay. Individuals who choose to work while holding a B-2 visa may violate their visa status and may not be able to use this visa anymore to stay or return to the U.S.

Are Ukrainians with TPS Eligible for any Benefits?

Having TPS by itself does not provide the federal-level benefits offered by the Office of Refugee Resettlement (ORR) listed here:

https://ukrainetaskforce.org/wp-content/uploads/2022/06/Ukrainian-Community-Outreach-Resource-Sheet.pdf
https://www.acf.hhs.gov/orr/fact-sheet/benefits-ukrainian-humanitarian-parolees

However, Ukrainians who are eligible for public benefits through humanitarian parole or another immigration status continue to be eligible for those benefits as long as they remain within the valid parole period or immigration status that provides those benefits.

Also, certain states and/or local municipalities may offer benefits to individuals who have TPS, depending on a variety of factors. To learn more about which benefits may be offered by your state, visit this page:

Find Resources and Contacts in Your State | The Administration for Children and Families (hhs.gov)

Can Ukrainians with TPS Travel Outside of the United States?

Ukrainians who have TPS and wish to travel outside of the United States must first apply for travel authorization to USCIS. If USCIS approves their request, the TPS holder will be issued a Form I-512T, Authorization for Travel by a Noncitizen to the United States, to serve as evidence of DHS’s prior consent to their travel outside of the U.S. Upon returning from their travel abroad, Ukrainians with a valid Form I-512T will be interviewed by a U.S. Customs and Border Protection (CBP) officer. If the CBP officer determines that the Ukrainian individuals are eligible to re-enter the U.S., they will admit them into TPS status upon their return.

If Ukrainians need to travel outside of the United States but USCIS is still adjudicating their TPS applications, they may still apply for travel authorization. If USCIS approves their request for travel authorization before approving their TPS applications, USCIS will issue them a Form I-512L, Advance Parole Document (APD), to serve as evidence of DHS’s prior consent to their travel outside the United States.

To apply for TPS travel authorization or advance parole, applicants must file Form I-131, Application for Travel Document and select type 1.d in Part 2 Application Type. Applicants filing Form I-131 together with Form I-821 should send their forms to the address listed for Ukraine. (Click on “Temporary Protected Status” on the menu above left to find a list of countries designated for TPS, then click on Ukraine.) Applicants filing Form I-131 separately based on a pending or approved Form I-821 can check the Direct Filing Addresses for Form I-131 page.

Please note that individuals who have TPS but leave the United States without first obtaining TPS travel authorization may lose TPS and may not be allowed to reenter the United States. Additionally, individuals who have a pending TPS application and leave the United States without first obtaining advance parole may be denied for TPS and may not be allowed to re-enter the United States.

For more information on traveling with TPS and humanitarian parole, read our article on Applying to Travel Outside of the U.S. with TPS and Humanitarian Parole.

What Happens When the TPS Period for Ukraine Ends?

When the TPS period ends, individuals who have TPS return to the immigration status that they held prior to receiving TPS, unless that status has expired or the person has successfully acquired a new immigration status.

Will Ukrainians Be Able to Extend their TPS Status After It Expires in April 2025?

The Department of Homeland Security will determine whether to redesignate or extend the current TPS period for Ukraine at least 60 days before the expiration of the TPS period. If TPS is extended for Ukraine, Ukrainians who hold TPS must re-register during the 60-day re-registration period that is announced. Ukrainians should not re-register for TPS until the new re-registration period for Ukraine begins, since USCIS cannot adjudicate their applications before the effective date of the extension.

Does TPS Provide a Pathway to U.S. Citizenship?

TPS does not automatically provide a person with a path to citizenship or lawful permanent residence (a green card). However, a person with TPS status who is otherwise eligible for permanent residence may apply for that status. Likewise, a person who becomes eligible to apply for permanent residence while they hold TPS (for example, if they marry a U.S. citizen or permanent resident) may apply for a green card.

Where Can Ukrainians Receive Assistance with Applying for TPS?

The Ukraine Immigration Task Force is partnering with various organizations to offer assistance to Ukrainians who need help applying for TPS.

HIAS and the Office of New Americans are offering remote clinics each month starting in October 2023 to assist Ukrainians with filing Form I-821, Application for Temporary Protected Status, Form I-765, Application for Employment Authorization, and Form I-912, Request for Fee Waiver. These remote clinics will be offered for as long as Ukrainians are eligible to apply for TPS. The clinics are held virtually with live attorneys and translators. Anyone in the U.S. who is eligible to apply for TPS may attend these clinics remotely. To sign up for assistance, please visit this page: flic.fyi/TPScollab .

Ukrainians can also sign up to receive help with TPS registration through Lawyers for Good Government, a non-profit organization that is offering assistance with filing for TPS: http://L4GG.org/TPS-Ukraine

Individuals can also consult the HIAS TPS Toolkit for Pro Se Applicants, which contains guidance on TPS and instructions for filing.

Image from @anyaivanova at Freepik.com.