On March 3, 2022, the Department of Homeland Security (DHS) announced that Ukraine will be designated for Temporary Protected Status (TPS) for 18 months.  TPS is available for those Ukrainian nationals who are already in the U.S. and have been since March 1, 2022.  TPS will be available for those eligible individuals as of the publication date in the Federal Register notice (forthcoming, date yet not determined). This protected status allows them to lawfully remain in the U.S. and to apply for work authorization.

• TPS is a temporary benefit that does not lead to Permanent Resident status or any other immigration status.
• Ukrainian nationals who are already inside the U.S. and who have a valid nonimmigrant visa status (H-1B, O-1, etc.) do not need to apply for TPS, nor do Ukrainian nationals who hold Lawful Permanent Resident status.
• TPS is designed as a protection for those individuals who cannot return safely to their home countries and who have no other lawful basis to remain in the United States.

For the more than one million Ukrainian refugees who have fled into neighboring countries (such as Poland and Hungary) seeking humanitarian aid, it is reported that most will seek to stay in Europe. The U.S. government has not made any official announcement regarding increasing the number of refugees allowed from Ukraine at this time.

Please contact Harris Beach immigration attorneys for any questions about eligibility for the TPS program.

Our Immigration Law Practice Group includes immigration attorneys that work across New York state in our Albany, Buffalo, Ithaca, Long Island, New York City, Rochester and Syracuse offices. Our immigration lawyers focus on strategies – including immigrant visas for permanent U.S. resident status and temporary visas for foreign nationals – to ensure that companies are able to hire, transfer, and retain the brightest and best non-U.S. talent.