United States: DHS Extends Temporary Protected Status for Ukraine
January 13, 2025
At a glance
- The Department of Homeland Security is extending Temporary Protected Status (TPS) for Ukraine through October 19, 2026.
- Current Ukraine TPS beneficiaries who wish to extend their benefits will be required to re-register during a 60-day re-registration period that is scheduled to begin on January 17, 2025.
- Those with expiring Ukraine TPS EADs will receive an automatic EAD extension, through April 19, 2026.
The issue
The Department of Homeland Security (DHS) is extending Temporary Protected Status (TPS) for Ukraine for 18 months, from April 20, 2025 to October 19, 2026, according to an advance copy of a notice scheduled for publication in the Federal Register on January 17, 2025. Current Ukraine TPS beneficiaries will have 60 days from the scheduled January 17 publication date to request an 18-month extension of status and work authorization.
DHS has determined that conditions in Ukraine warrant continued Temporary Protected Status, due to ongoing armed conflict and extraordinary and temporary conditions that prevent Ukrainian nationals from safely returning to their country.
Re-registration process for current Ukraine TPS holders
Current Ukraine TPS beneficiaries can extend their status and work authorization provided that they previously registered for TPS under the designation of Ukraine 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.
- When to re-register: Current Ukraine TPS beneficiaries must submit Form I-821 to USCIS during the 60-day re-registration period that will begin on January 17, 2025.
- Extending employment authorization: Beneficiaries who wish to extend their employment authorization must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
- Pending TPS and/or EAD applications from prior registration period: There is no need for a foreign national with a pending TPS and/or EAD application to file a second application in order to benefit from the extension. For applications that are pending when the re-registration period begins on January 17, 2025, approval notices and document expiration dates will reflect the latest expiration date of October 19, 2026.
- Automatic EAD extensions: As DHS recognizes that re-registrants may not receive new EADs before their current cards expire, the agency is providing an automatic extension, through April 19, 2026, for EADs bearing a Category code of A-12 or C-19 and an expiration date of April 19, 2025 or October 19, 2023. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD.
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.
Looking ahead
The extension of TPS for Ukraine means that beneficiaries who submit a timely application and receive an approval may be granted authorization to continue to work and remain in the United States through October 19, 2026. Prior to any further extension of TPS, DHS would review conditions to determine whether the TPS designation for Ukraine should be extended again or terminated.
It should be noted that the first Trump administration attempted to terminate a number of TPS programs, which resulted in court challenges. If the incoming Trump Administration were to seek to take action to terminate TPS for Ukraine, such an action might prompt similar court challenges.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.