Temporary Protected Status (TPS) Is Extended for Eligible Ukrainians Who Arrived by August 2023

On Friday, January 10, 2025, the Department of Homeland Security (DHS) announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, through October 19, 2026, due to the ongoing war and extraordinary conditions in Ukraine that prevent individuals from safely returning. Please note that this extension only applies to individuals who are 1) already in the United States and 2) currently hold TPS or will be granted TPS during the current term. This announcement does NOT create a new TPS term.

DHS stated the following in its announcement about today’s extension:

“After reviewing the country conditions in Ukraine and consulting with interagency partners, it was determined that an 18-month TPS extension is warranted because of conditions resulting from the expansion of the Russian military invasion into Ukraine, the largest conventional military action in Europe since World War II. Russia’s expanded military invasion has led to high numbers of civilian casualties and reports of war crimes and crimes against humanity committed by Russian military forces and officials. This invasion has caused a humanitarian crisis, with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or access to medical services. These conditions prevent Ukrainian nationals and habitual residents from safely returning.”

Ukrainian nationals (and individuals without nationality who last resided in Ukraine) are eligible for TPS if they arrived on or before August 16, 2023 and have been continuously residing in the United States since that date — with or without lawful immigration status.

*** It is very important to note that this is only an extension of the current designation of Ukraine for Temporary Protected Status. DHS did NOT re-designate Ukraine for a new TPS term. This means that TPS is only available to individuals from Ukraine who either hold TPS already or who will be approved for initial TPS before the expiration of the current term. Thus, individuals who arrived from Ukraine on or before August 16, 2023 and have been continuously residing in the United States since that date may apply for initial TPS before the expiration of the current term. Individuals from Ukraine who are already TPS beneficiaries may re-register for TPS to extend their TPS status through October 19, 2026. Unfortunately, Ukrainians who arrived in the U.S. after August 16, 2023 are NOT eligible to apply for TPS. ***

The extension of TPS for Ukraine allows individuals who currently hold TPS status to re-register for TPS, if they continue to meet the eligibility requirements. Before applying for TPS re-registration, applicants should be screened to ensure they are still eligible for TPS and still meet the continued residence and physical presence requirements.

Initial (first-time) applicants for TPS who are eligible for the  current term must submit Form I-821, Application for Temporary Protected Status, online or by mail. 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 through October 19, 2026 must re-register for TPS during the 60-day re-registration period, which begins on January 17, 2025 and ends on March 18, 2025, to ensure they maintain their TPS and employment authorization without a gap. The 60-day re-registration period will begin on the date the TPS extension notice is published in the Federal Register.

U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under the current TPS designation for Ukraine, which began October 20, 2023. Eligible applicants filing an initial application to request TPS for the first time OR individuals who have already filed an application by January 17 that is pending do NOT need to re-apply for TPS. If USCIS approves their pending application, USCIS will grant the applicants TPS through October 19, 2026.

Similarly, individuals who are filing a new Form I-765, Application for Employment Authorization, on the basis of TPS do not need to file a new application again. If USCIS approves a pending Form I-765 based on TPS status, USCIS will issue the individual a new Employment Authorization Document (EAD) that will be valid through the same date. USCIS will issue new EADs with an October 19, 2026 expiration date to eligible beneficiaries granted TPS under Ukraine’s designation who timely re-register and apply for EADs. Given the time frames involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants may receive a new EAD before their current EAD expires. Accordingly, DHS automatically extends through April 19, 2026 the validity of certain EADs previously issued under the TPS designation of Ukraine.

Please be aware that 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. It is important to note that individuals who are identified as posing a threat may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors.

More details about TPS can be found below. The Federal Register notice is to be published on Friday, January 17 and will be available online at https://federalregister.gov/d/2025-00771. The notice will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs.

The Ukraine Immigration Task Force is grateful to the Department of Homeland Security (DHS) for extending 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 TPS Period Begin and End for Ukrainians?

The Department of Homeland Security redesignated Ukraine for a second term of TPS starting August 21, 2023. The 18-month extension of Ukraine’s TPS designation begins on April 20, 2025, and will remain in effect for 18 months, ending on October 19, 2026. Initial applicants who are approved for the current term will be granted TPS through the end of Ukraine’s redesignated period.

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 continuously residing in the U.S. since that date 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.

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 a U.S. land border may apply for TPS if they meet the eligibility criteria. 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.

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?

Existing TPS holders who wish to extend their TPS status must re-register for TPS during the 60-day re-registration period 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. The 60-day re-registration period for current TPS beneficiaries begins on January 17, 2025 and ends on March 18, 2025.

** Please be aware that existing TPS holders who fail to re-register during the 60-day window (between January 17 and March 18, 2025) will may lose their TPS status after April 19, 2025. USCIS may withdraw their TPS following appropriate procedures. ** However, existing TPS holders are still allowed to file a late re-registration after the 60-day re-registration period if they are able to show good cause and submit a letter of explanation.

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.” Individuals who already hold TPS and are applying for re-registration should submit evidence of their current TPS status but 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?

Eligible 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 initial 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 on or before August 16, 2023 may continue to file an initial TPS application until the end of the current TPS term if they meet the eligibility requirements. If USCIS approves their initial TPS application, they will automatically be granted TPS through October 19, 2026. Note that an applicant’s Temporary Protected Status takes effect on the date that USCIS approves the application, not on the date the application is received.

** Please be aware that first-time filers who submit an initial TPS application after April 19, 2025 will be considered late registrants. Thus, while initial TPS applications may be submitted during Ukraine’s extension period (April 20, 2025 through October 29, 2026), first-time late filers must meet at least one of the late initial filing conditions specified by USCIS. ** More information and eligibility criteria for late filing can be found on the USCIS website.

Due to the high volume of applications, please note that it could take several months and even over one year 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 and have been continuously residing in the U.S. since August 16, 2023 or earlier, and 3) you are currently physically present in the U.S.

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?

First-time applicants who are filing for initial TPS status may do so until the expiration of the current term. However, first-time filers who submit an initial TPS application after April 19, 2025 will be considered late registrants. Thus, while initial TPS applications may be submitted during Ukraine’s extension period (April 20, 2025 through October 29, 2026), first-time late filers must meet at least one of the late initial filing conditions specified by USCIS. More information and eligibility criteria for late filing can be found on the USCIS website.

Due to the high volume of applications, please note that it could take several months and even over one year for initial TPS applications to be processed.

Existing TPS holders who wish to extend their TPS status must re-register for TPS during the 60-day re-registration period 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. The 60-day re-registration period for existing TPS beneficiaries begins on January 17, 2025 and ends on March 18, 2025.

Please be aware that existing TPS holders who fail to re-register during the 60-day window (between January 17 and March 18, 2025) will may lose their TPS status after April 19, 2025. USCIS may withdraw their TPS following appropriate procedures. However, existing TPS holders are still allowed to file a late re-registration after the 60-day re-registration period if they are able to show good cause and submit a letter of explanation.

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

U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under the current TPS designation for Ukraine, which began October 20, 2023. Eligible applicants filing an initial application to request TPS for the first time OR individuals who have already filed an application that is pending do NOT need to re-apply for TPS. If USCIS approves their pending application, USCIS will grant the applicants TPS through October 19, 2026.

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 on the basis of TPS. Form I-765 may be filed either at the same time as the TPS application or at a later time.

If USCIS approves a pending Form I-765 based on TPS status, USCIS will issue the individual a new Employment Authorization Document (EAD) that will be valid through October 19, 2026. USCIS will also issue new EADs with an October 19, 2026 expiration date to eligible TPS holders who timely re-register for TPS and apply for EADs.

Given the time frames involved with processing applications, DHS recognizes that not all TPS re-registrants may receive a new EAD before their current EAD expires. Accordingly, DHS automatically extends through October 19, 2026 the validity of certain EADs previously issued under the TPS designation of Ukraine. As proof of continued employment authorization through October 19, 2026, TPS beneficiaries will be able to show a previously issued EAD based on TPS status with either notation A12 (TPS granted) or C19 (eligible for TPS with application pending) listed under “Category” and a “Card Expires” date of either October 19, 2026; April 19, 2025; or October 19, 2023.

Please note that Ukrainians who hold certain statuses such as B-2 visitor visas or student 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 could potentially offer benefits to noncitizens, 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.

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 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 October 2026?

The Department of Homeland Security determines whether to redesignate or extend the current TPS period for a country 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.

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?

Various nonprofit organizations may offer assistance to Ukrainians who need help applying for TPS. 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 who wish to to request private legal assistance but do not have an immigration attorney may try contacting one of the attorneys listed here for a consultation: https://ukrainetaskforce.org/legal-assistance-providers/. Please note that this list is offered for public informational purposes only. The Ukraine Immigration Task Force does not recommend or endorse any of these attorneys specifically and is not aware of their rates or availability. You may also contact a different attorney independently.

Individuals who wish to apply for initial TPS or TPS re-registration may consult the HIAS TPS Toolkit for Pro Se Applicants, which contains guidance on TPS and instructions for filing.

Image from @BillionPhotos at Freepik.com.