On March 3, 2022, the Department of Homeland Security (DHS) announced that Ukrainian nationals will be designated for temporary protected status (TPS) for a period of 18 months. Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS. The 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice, which will provide instructions for applying for TPS, as well as for an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.
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) or an epidemic; or
- 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 (prima facie eligible):
- Are not removable from the United States;
- Can obtain an EAD; and
- May be granted travel authorization.
Once granted TPS, an individual also cannot be detained by DHS on the basis of their immigration status in the United States.
South Sudan Update
Please also note: DHS notice extending the designation of South Sudan for TPS for 18 months, from May 3, 2022, through November 3, 2023, and redesignating South Sudan for 18 months, effective through the same time period. (87 FR 12190, 3/3/22)
For More Information
If you have any questions about this Alert, please contact any of the attorneys in our Immigration Law Group, any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.
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