August 18, 2023 – The Department of Homeland Security (DHS) announced today an extension of Temporary Protected Status (TPS) for Ukraine. The extension begins October 20, 2023, and ends April 19, 2025. DHS cited “ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent individuals from safely returning,” as its reasoning for the extension.
In addition, DHS announced a redesignation of TPS for Ukraine for the same reason, allowing Ukrainian nationals residing in the United States as of August 16, 2023, to be eligible for TPS. This includes individuals having no nationality who last habitually resided in Ukraine.
The extension and redesignation of TPS for Ukraine allows existing beneficiaries to re-register to retain TPS through April 19, 2025, if they otherwise continue to meet the eligibility requirements for TPS. DHS noted this will affect approximately 26,000 current beneficiaries, including nationals of Ukraine (and individuals without nationality who last resided in Ukraine) in the United States in nonimmigrant status or without lawful immigration status.
Existing TPS beneficiaries who wish to extend their status through April 19, 2025, must re-register during the 60-day re-registration period, from August 21, 2023 to October 20, 2023. 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.
DHS also posted a Federal Register notice, which 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.
Ulmer’s Immigration Law Group is closely monitoring these developments and is prepared to support you and your organization with your business needs. Please reach out to our immigration attorneys if you have any questions.
The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. Please continue to follow these updates at ulmer.com. This legal update was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney client relationship. For any questions, or for further information, please contact David W. Leopold at dleopold@ulmer.com.