In Response to Russian Invasion, DHS Designates Ukraine for Temporary Protected Status

On March 3, 2022, Homeland Security Secretary Alejandro Mayorkas announced that eligible Ukrainian nationals residing in the United States as of March 1, 2022 will be able to file for Temporary Protected Status (TPS) and related work authorization under a new 18-month designation.

During the designated TPS period, Ukrainian nationals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases:

• Are not removable from the United States;
• Can obtain an employment authorization document (EAD); and
• May be granted travel authorization.

Once granted TPS, an individual cannot be detained by the Department of Homeland Security (DHS) on the basis of his or her immigration status in the United States.

TPS applicants must meet all eligibility requirements and undergo security and background checks. Individuals who to travel to the United States after March 1, 2022 will not be eligible for TPS.

DHS is expected to publish a Federal Register notice announcing the registration period and procedures in the near future. The notice will provide instructions for applying for TPS and the corresponding EAD.

The move followed the March 2 announcement of an 18-month TPS designation for Sudan and an extension of the existing designation for South Sudan. Currently, Myanmar, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Syria, Venezuela, and Yemen are each also designated for TPS.