United States: DHS Extends and Redesignates Ukraine and Sudan for Temporary Protected Status; Expands Employment Options for Ukrainian and Sudanese F-1 Students

Ukrainian and Sudanese nationals can apply for this designation if they have continuously resided in the United States since August 16, 2023, and have been continuously physically present in the United States since October 20, 2023. Applicants must file a Form I-821 application with appropriate fees (or request for fee waiver) with U.S. Citizenship and Immigration Services (USCIS) within the redesignation period from August 21, 2023 through April 19, 2025. Applicants may also apply for EADs and for travel authorization during this time, by submitting the corresponding forms and fees or fee waiver request.

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

Current Ukrainian and Sudanese TPS beneficiaries can continue to extend their status and work authorization provided that they previously registered for TPS under the designation of Ukraine or Sudan and their application was granted.

• Who may re-register:  Re-registration is limited to those who previously registered for and were granted TPS under the designation for Ukraine or Sudan.
• When to register:  Current Ukrainian and Sudanese TPS beneficiaries must submit Form I-821 to USCIS between August 21, 2023 and October 20, 2023.
• Extending employment authorization: Beneficiaries who wish to extend their employment authorization for 18 months must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
• Automatic EAD extensions: DHS is providing an automatic extension, through October 19, 2024, for EADs bearing an expiration date of October 19, 2023 and an A-12 or C-19 category.
• Pending TPS and/or EAD applications from prior registration period: If a previously filed application is approved, approval notices and document expiration dates will reflect the latest expiration date of April 19, 2025. There is no need for a foreign national to file either application again in order to benefit from the extension. The Federal Register notices for Ukraine and Sudan provide specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD. 

Separately, Ukrainian and Sudanese citizens in lawful F-1 student status will benefit from relaxed employment authorization rules if they are experiencing severe economic hardship due to the current armed conflict in Ukraine and Sudan. 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 citizens of Ukraine or Sudan (or have no nationality and last habitually resided in Ukraine or Sudan);
• Are lawfully present in the United States in F-1 status on August 21, 2023;
• Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for F-1 student;
• Are currently maintaining F-1 status; and
• Are experiencing severe economic hardship as a direct result of the current armed conflict in Ukraine and Sudan. 

F-1 students who receive authorization from their Designated School Official (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. 

The extension and redesignation of TPS for Ukraine and Sudan means that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through April 19, 2025. Prior to the conclusion of the 18-month extension, the DHS Secretary will review conditions to determine whether Ukraine or Sudan’s TPS designation should be extended again.  Ukrainian and Sudanese citizens in F-1 status should reach out to their school’s DSO to determine whether they can avail themselves of the relaxed employment authorization standards.