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DHS Extends and Redesignates Ukraine and Sudan for Temporary Protected Status; Expands Employment Options for Ukrainian and Sudanese F-1 Students

The Department of Homeland Security (DHS) has extended and redesignated Ukraine and Sudan for Temporary Protected Status (TPS), from October 20, 2023 to April 19, 2025. The registration period for new TPS applicants will run from August 21, 2023 to April 19, 2025. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time. Current Ukrainian and Sudanese TPS beneficiaries who wish to extend their benefits will be required to re-register between August 21, 2023 and October 20, 2023. Those whose current EADs will expire before receiving a new one will receive an automatic extension through October 19, 2024. DHS has also announced that it will suspend certain employment authorization rules for Ukrainian and Sudanese students in F-1 status who are experiencing severe economic hardship as a direct result of the current armed conflict in Ukraine and Sudan.

The issue

The Department of Homeland Security (DHS) has extended and redesignated Ukraine and Sudan for Temporary Protected Status (TPS) for 18 months, from October 20, 2023 through April 19, 2025. Current Ukrainian and Sudanese TPS beneficiaries will have 60 days, from August 21, 2023 through October 20, 2023, to request an 18-month extension of status and work authorization. New applicants will have from August 21, 2023 through April 19, 2025, to file for TPS status and for related employment authorization documents (EADs) and travel permission. 

DHS has determined that conditions in Ukraine and Sudan warrant continued and renewed Temporary Protected Status (TPS) due to the ongoing armed conflict and humanitarian crisis in these two countries. The agency has determined that current conditions prevent Ukrainian and Sudanese nationals from returning to Ukraine or Sudan safely. 

Relatedly, DHS is also suspending certain employment authorization rules for Ukrainian and Sudanese citizens in F-1 status who are experiencing severe economic hardship due to the current armed conflict in Ukraine and Sudan. 

TPS eligibility and application process for new applicants

Ukrainian and Sudanese nationals can apply for this designation if they have continuously resided in the United States since August 16, 2023, and have been continuously physically present in the United States since October 20, 2023. Applicants must file a Form I-821 application with appropriate fees (or request for fee waiver) with U.S. Citizenship and Immigration Services (USCIS) within the redesignation period from August 21, 2023 through April 19, 2025. Applicants may also apply for EADs and for travel authorization during this time, by submitting the corresponding forms and fees or fee waiver request.

All 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.

Re-registration process for current TPS holders

Current Ukrainian and Sudanese TPS beneficiaries can continue to extend their status and work authorization provided that they previously registered for TPS under the designation of Ukraine or Sudan 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 or Sudan.
  • When to register:  Current Ukrainian and Sudanese TPS beneficiaries must submit Form I-821 to USCIS between August 21, 2023 and October 20, 2023.
  • Extending employment authorization: Beneficiaries who wish to extend their employment authorization for 18 months must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
  • Automatic EAD extensions: DHS is providing an automatic extension, through October 19, 2024, for EADs bearing an expiration date of October 19, 2023 and an A-12 or C-19 category.
  • Pending TPS and/or EAD applications from prior registration period: If a previously filed application is approved, approval notices and document expiration dates will reflect the latest expiration date of April 19, 2025. There is no need for a foreign national to file either application again in order to benefit from the extension. The Federal Register notices for Ukraine and Sudan provide specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD. 

Relaxed employment authorization rules for certain Ukrainian and Sudanese students in F-1 status

Separately, Ukrainian and Sudanese citizens in lawful F-1 student status will benefit from relaxed employment authorization rules if they are experiencing severe economic hardship due to the current armed conflict in Ukraine and Sudan. Eligible students can request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain a “full course of study” designation. To qualify, F-1 students must establish that they:

  • Are citizens of Ukraine or Sudan (or have no nationality and last habitually resided in Ukraine or Sudan);
  • Are lawfully present in the United States in F-1 status on August 21, 2023;
  • Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for F-1 students;
  • Are currently maintaining F-1 status; and
  • Are experiencing severe economic hardship as a direct result of the current armed conflict in Ukraine and Sudan. 

F-1 students who receive authorization from their Designated School Official (DSO) to work off-campus must apply for an EAD by submitting the required application form and corresponding fee. F-1 students who will be working on-campus do not need to file for an EAD, but do require DSO authorization. 

Looking ahead

The extension and redesignation of TPS for Ukraine and Sudan means that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through April 19, 2025. Prior to the conclusion of the 18-month extension, the DHS Secretary will review conditions to determine whether Ukraine or Sudan’s TPS designation should be extended again.  Ukrainian and Sudanese citizens in F-1 status should reach out to their school’s DSO to determine whether they can avail themselves of the relaxed employment authorization standards.

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