United States: USCIS Extends Certain Ukraine and Sudan TPS EADs for Renewal Applicants Through October 19, 2026

Employees with a pending Ukraine or Sudan TPS-based EAD renewal application can present the following documents as proof of employment authorization through October 19:

• An EAD that has an expiration date of:
  • Ukraine - April 19, 2025, or Oct. 19, 2023 
  • Sudan - April 19, 2025; June 30, 2024; December 31, 2022; October 4, 2021; January 4, 2021; January 2, 2020; April 2, 2019; November 2, 2018; or November 2, 2017; and
• The USCIS notice extending their EAD. 

When completing Form I-9, employers are to enter October 19, 2026 as the expiration date of employment authorization along with a note in the “Additional Information” section of Form I-9. When completing a case in E-Verify, employers should enter October 19, 2026 as the expiration date.

Employment authorization for Ukraine and Sudan TPS beneficiaries has been in flux for several weeks.

Employment authorization for many TPS beneficiaries from these countries (as well as El Salvador) with pending EAD renewal applications was due to expire on July 22, 2026, under recent government guidance interpreting various interacting policies and legal authorities, including the H.R.1 legislation passed in July 2025 (the One Big Beautiful Bill Act) that limited TPS EAD validity to one year; various TPS termination actions; and the maximum 540-day EAD auto-extension applicable to EAD renewal applications filed prior to October 30, 2025. Plaintiffs challenged the government’s retroactive interpretation of these policies, arguing that they impermissibly shortened TPS employment authorization previously granted to affected beneficiaries. The district court temporarily ruled in the plaintiffs’ favor on an emergency basis. However, on August 5, after further consideration, the court upheld the government’s interpretation and declined to enjoin the government from retroactively limiting TPS EAD validity for the affected foreign nationals.

DHS has now effectively revived employment authorization for negatively impacted TPS Ukraine and Sudan EAD renewal applicants, with this automatic employment authorization extension through October 19.

As noted above, Ukraine and Sudan’s TPS designations are set to expire on October 19. It is not yet known whether DHS will reauthorize the TPS program for these countries.

Fragomen closely monitors TPS policy and will provide updates as more information becomes available.