Department of Homeland Security Designates Ukraine for Temporary Protected Status (TPS)

In response to the ongoing crisis in Ukraine, the Department of Homeland Security (DHS) has announced an 18-month Temporary Protected Status (TPS) designation for Ukraine, to take effect upon publication of an upcoming Federal Register notice.

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely. These conditions result from the full-scale Russian military invasion into Ukraine, which marks the largest conventional military action in Europe since World War II.

Individuals eligible for TPS under the Ukraine designation must have continuously resided in the United States since March 1, 2022. TPS applicants must meet all eligibility requirements and undergo security and background checks, and those who attempt to travel to the United States after March 1, 2022 will not be eligible for TPS.

In the coming days, DHS is expected to publish a Federal Register notice containing filing instructions for those who qualify for the Ukraine TPS designation. These instructions will include information on applying for TPS and on applying for a corresponding employment authorization document that beneficiaries may use to work in the United States during the TPS designation period.

Categories: Immigration Blog