Background
On January 10, 2025, the U.S. Department of Homeland Security (DHS) announced that it was extending the designation of Ukraine for Temporary Protected Status (TPS) for 18 months, beginning on April 20, 2025, and ending on October 19, 2026. The Federal Register Notice was published this afternoon.
This decision comes in response to the ongoing conflict in Ukraine following the Russian invasion, which continues to pose significant threats to the safety and stability of the region.
Extension for Current TPS Beneficiaries
Citing “conditions resulting from the expansion of the Russian military invasion into Ukraine,” DHS is extending TPS through October 19, 2026. This extension allows more than 100,000 eligible beneficiaries to re-register for TPS. This extension will provide protection to Ukrainian nationals who have been continuously residing in the United States since at least August 16, 2023.
- Deadline for Re-Registration: The 60-day re-registration period for existing beneficiaries runs from the date of publication in the Federal Register. If there are no delays in the expected publication today, the deadline will be mid-March. TPS beneficiaries must file their re-registration and EAD applications within this timeframe to maintain their TPS status and avoid gaps in work authorization. Ukrainian nationals eligible to re-register for TPS will see their TPS designation approved through October 19, 2026.
- Work Authorization: Recognizing not all re-registrants for TPS will receive a new EAD before their current one expires, DHS is automatically extending the validity of expired EADs for 12 months if issued under Ukraine’s previous TPS designation. Importantly, DHS noted in the advance Federal Register notice that TPS beneficiaries may also be eligible for a longer automatic extension of up to 540 days (but not to exceed the October 19, 2026) from the “Card Expires” date on the EAD if the I-765 EAD renewal application is submitted during the 60-day re-registration period. DHS noted that many beneficiaries may be eligible for both types of extensions and that automatic extension periods run concurrently.
New Applicants: Based on the prior re-designation and extension published in August 2023, Ukrainian nationals who have been continuously residing in the U.S. since August 16, 2023, with or without lawful immigration status and who meet other eligibility criteria, have until April 19, 2025, to apply for an initial grant of TPS.
Pending and New Applications: DHS confirmed that current beneficiaries who have a pending Form I-821 and/or Form I-765 do not need to file either application again, and that both pending and new applications will be approved October 19, 2026.
Travel Restrictions: TPS holders must secure Advance Parole from USCIS before they may travel outside the United States. Traveling abroad without this approval will result in the loss of TPS status or the denial of a pending application for TPS protections.
What Should Employers and TPS Holders Do?
- For Employers: Employers must continue to verify the work authorization status of their employees who hold TPS. If an employee’s work authorization is expiring, employers should remind them to file for renewal to prevent any work interruptions. Employers should also ensure that their I-9 forms are updated and in compliance with the automatic EAD extension for TPS holders.
- I-9 Compliance: Employers must update the I-9 forms for employees who are granted an extension of TPS and their EADs. Employers should make sure they do not inadvertently terminate or suspend employees whose work permits have been extended. The Federal Register notice provides detailed guidance regarding work authorization and I-9s.
- For TPS Holders:
- Re-registration: If you are a TPS holder from Ukraine (or another designated country), it is essential to re-register within the 60-day window to ensure that your status is extended without interruption.
- Apply for Work Authorization: Work authorization will be automatically extended for 12 months while your new EAD application remains pending, allowing TPS holders to continue working legally in the U.S.
Conclusion
The recent extension of TPS for Ukrainian nationals provides vital relief for those who cannot safely return to Ukraine due to ongoing conflict and instability.
TPS holders from Ukraine should ensure they take the necessary steps to maintain their both TPS status and its accompanying work authorization. For employers, it is important to remain vigilant regarding I-9 compliance responsibilities, especially as their TPS holders may need to present expired EADs accompanied by federal notices or other acceptable documentation to demonstrate their on-going work authorization during the TPS re-registration process.
If you or your employees are affected by this TPS extension, please do not hesitate to reach out for assistance with re-registration, work authorization renewals, or any other related questions. bsite for remedies for delayed adjudications and contact a Klasko Law attorney if you would like to discuss your options.
Please contact your Klasko Law attorney with any questions regarding this client alert.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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