Key Points
- DHS has added Ukraine to the list of countries eligible for Temporary Protected Status (TPS)
- TPS designation is available for Ukrainian nationals who have continuously resided in the US since March 1, 2022
- Individuals who travel to the US after March 1, 2022, are not eligible for TPS designation
- Ukraine qualifies for TPS designation due to 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
- Additional information will be available on applying for TPS designation when DHS publishes a notice in the Federal Register
Overview
On March 3, 2022, the Department of Homeland Security (DHS) announced that Ukraine had been designated for Temporary Protected Status (TPS) due to the country’s full-scale Russian invasion.
Ukrainian nationals may soon apply for TPS status for 18 months. To be eligible for this TPS status, individuals must have continuously resided in the US since March 1, 2022. Individuals who travel to the US after March 1, 2022, are not eligible for the designation.
A country must meet three statutory requirements to be eligible for TPS designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. DHS cited both ongoing armed conflict and extraordinary and temporary conditions in designating Ukraine for Temporary Protected Status. To receive TPS designation, individual applicants must meet all eligibility requirements and pass background and security checks.
Looking Ahead
Ukraine’s TPS designation will go into effect on the date of its publication in the Federal Register, which has not yet been announced. The notice in the Federal Register will also provide instructions on applying for TPS and an Employment Authorization Document (EAD).
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: US Department of Homeland Security
