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United States


Department of Homeland Security Announces Temporary Protection Status for Ukraine


U.S. Department of Homeland Security has designated Ukraine citizens for Temporary Protected Status 

Citizens of Ukraine present in the U.S. on March 1, 2022, may be eligible to apply for TPS

During the 18-month designation period, employment authorization may be available to eligible Ukrainian citizens

Due to the Russian hostilities in Ukraine, the U.S. Department of Homeland Security (DHS) announced the designation of Temporary Protected Status (TPS) for Ukrainian citizens currently present in the U.S.

The TPS designation will go into effect on the publication date of the upcoming Federal Register notice, which will provide instructions for applying for TPS and an Employment Authorization Document (EAD). The TPS designation period will run for 18 months.

Once granted TPS, an individual cannot be detained by DHS on the basis of immigration status in the U.S.

In order to qualify for TPS, applicants must meet all eligibility requirements and undergo security and background checks. And there are key elements to note:

  • Ukrainian citizens must have continuously resided in the U.S. since March 1, 2022
  • Ukrainian citizens who attempt to travel to the U.S. after March 1, 2022, will not be eligible for TPS


DHS may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.

DHS may designate a country for TPS due to the following temporary conditions in the country:

  • Ongoing armed conflict (such as civil war)
  • An environmental disaster (such as earthquake or hurricane)
  • An epidemic
  • Other extraordinary and temporary conditions

During a designated period, individuals who are TPS beneficiaries or who are found to be preliminarily eligible for TPS upon initial review of their cases:

  • Are not removable from the U.S.
  • May obtain an EAD
  • May be granted travel authorization

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent an individual from:

  • Applying for nonimmigrant status
  • Filing for adjustment of status based on an immigrant petition
  • Applying for any other immigration benefit or protection for which an individual may be eligible

Further, the DHS TPS designation for Ukraine creates a pathway for legal status and work authorization.

For more information, please contact the Barnes & Thornburg attorney with whom you work or Mercedes Badia-Tavas at 312-214-8313 or mbadiatavas@btlaw.com, Michael Durham at 574-237-1145 or mdurham@btlaw.com, Sarah Hawk at 404-264-4030 or sarah.hawk@btlaw.com, Tejas Shah at 312-214-5619 or tejas.shah@btlaw.com, or Mandira Sethi or 404-264-4011 or mandira.sethi@btlaw.com.

© 2022 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg LLP.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.



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