United States: DHS Designates Ukraine for TPS; Expands Employment Options for Ukrainian Students

Ukrainian nationals who can demonstrate continuous residence in the United States since April 11, 2022, and who have been continuously physically present in the United States since April 19, 2022, may be eligible for TPS under Ukraine’s new designation. Applicants must file a Form I-821 application with appropriate fee(s) (or request for fee waiver) with U.S. Citizenship and Immigration Services (USCIS) between April 19, 2022 and October 19, 2023.  Applicants may also apply for EADs and for travel authorization during this time, by submitting the corresponding forms and fee(s) or fee waiver request.

All individuals applying for TPS undergo security and background checks as part of determining eligibility. Biometrics collection (fingerprints) is generally required for applicants ages 14 and older.

Separately, Ukrainian citizens in lawful F-1 student status may benefit from relaxed employment authorization rules if they are experiencing severe economic hardship due to the ongoing armed conflict.  Eligible students can request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain a “full course of study” designation. To qualify, F-1 students must establish that they:

• Are Ukrainian citizens (or have no nationality, but last habitually resided in Ukraine);
• Are lawfully present in the United States in F-1 status on April 19, 2022
• Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified;
• Are currently maintaining F-1 status; and
• Are experiencing severe economic hardship as a direct result of the ongoing armed conflict in Ukraine. 

F-1 students who receive authorization from their Designated School Officer (DSO) to work off-campus must apply for an EAD by submitting the required application form and corresponding fee.  F-1 students who will be working on-campus do not need to file for an EAD, but do require DSO authorization. 

Ukrainian citizens who believe they qualify for TPS should file their applications quickly to take advantage of this benefit and obtain employment authorization as quickly as possible.  Ukrainian citizens in F-1 status should contact their school’s Designated School Official (DSO) to determine whether they can avail themselves of the relaxed employment authorization standards.