Temporary Protected Status (TPS) Updates For Ukraine, El Salvador and Certain Other Countries

The Department of Homeland Security (DHS) has recently published Federal Register Notices impacting the Temporary Protected Status (TPS) designation for Ukraine, El Salvador, Honduras, Nepal, and Nicaragua. TPS is a temporary, humanitarian immigration program that allows eligible nationals of a foreign country, designated by the DHS as unsafe due to certain country conditions, to live and work in the United States. During the designation period, TPS beneficiaries are eligible to obtain employment authorization (EADs) and travel authorization so long as they continue to meet the requirements of TPS.

TPS Ukraine:

• 18-Month Extension for Current TPS Beneficiaries

On August 18, 2023, the DHS announced the extension of TPS for Ukraine due to the ongoing armed conflict with Russia. Individuals who have already been granted TPS for Ukraine must re-register for the 18-month extension period that will begin on October 20, 2023 and end on April 19, 2025. These beneficiaries must file Form I-821 TPS Application with the U.S. Citizenship and Immigration Services (USCIS)  during the 60-Day Re-Registration period from August 21, 2023 through October 20, 2023.

Existing TPS beneficiaries may file the I-765 EAD renewal application concurrently with the Form I-821 TPS re-registration application.  Given the processing times for TPS re-registration applications, the DHS has automatically extended the validity period of previously issued TPS EADs until October 19, 2024 for existing beneficiaries who have timely filed their TPS re-registrations. 

• Redesignation of TPS Ukraine for First-Time Applicants

The DHS also announced that it has redesignated Ukraine for TPS for 18 months effective on October 20, 2023. The redesignation of Ukraine allows additional Ukrainian nationals to apply for TPS for the first time if they have been continuously residing in the United States since August 16, 2023. First-time applicants for TPS Ukraine may file the I-821 TPS Application and the I-765 EAD Application, online or by mail, with the USCIS during the initial registration period that runs from August 21, 2023 through April 19, 2025.  In addition to demonstrating continuous residence in the United States since August 16, 2023, and meeting other eligibility criteria, initial applicants for TPS under this redesignation must demonstrate that they have been physically present in the United States continuously since October 20, 2023 (the effective date of the redesignation) before the USCIS may grant them TPS.

TPS EI Salvador, Honduras, Nepal, and Nicaragua:

• Reinstatement of TPS Designation and 18-Month Extension for Current TPS Beneficiaries

On June 13, 2023, the DHS announced that it has rescinded the Trump Administration’s prior terminations of the TPS designations for El Salvador, Honduras, Nepal, and Nicaragua, effective June 9, 2023. In 2017 and 2018, the DHS had announced its decision to terminate TPS for these countries on the basis that they no longer meet the conditions for TPS designation. Federal lawsuits challenging the terminations of the TPS designations for these countries were filed and a preliminary injunction preventing the terminations was issued, which directed the DHS to continue granting TPS-related benefits to beneficiaries who had previously obtained TPS for these countries. This preliminary injunction remains in place today.   

Following  an independent assessment of the conditions in the four countries as they existed at the time of the TPS termination and continue to exist today, the DHS has now determined that the TPS designations for these countries should not have been terminated.  As a result, the DHS vacated its decision to terminate, and has extended the prior TPS designation for each country for 18 months. Only individuals who have been previously granted TPS for these  countries are eligible for this extension. The DHS will continue to monitor conditions in these countries to determine whether new TPS designations are warranted in the future.

Existing beneficiaries of TPS El Salvador, Honduras, Nepal and Nicaragua who wish to extend their TPS status for 18 months must re-register by filing a new I-821 TPS Application during the 60-day re-registration period for each country listed in the chart below. Failure to re-register within the appropriate 60-day period may result in the loss of TPS status.

• Automatic Extension of TPS EAD

The DHS has automatically extended the validity period of previously issued TPS EADs for these four countries until June 30, 2024. TPS beneficiaries may continue to use their previously issued (expired) EADs through that date. In order to obtain a new EAD valid through the 18-month extension, a new I-765 EAD application should be filed with the TPS re-registration.  For those TPS beneficiaries who have already filed an I-765 EAD application that remains pending as of June 21, 2023, a new EAD renewal application is not required. The USCIS will issue the EAD with a validity end date that includes the 18-month extension. 

What this Means for Our Clients:

The 18-month extension of TPS for Ukraine, El Salvador, Honduras, Nepal, and Nicaragua is welcome news for individuals currently holding TPS status who would otherwise have to leave the United States permanently upon termination of the TPS designations. The extension and the auto-extended EAD work authorization are also welcome news for their employers, who would otherwise be faced with having to terminate these employees.  As it is unclear whether the TPS designations for these countries will continue to be extended beyond the 18-month extension period, employers of TPS beneficiaries may want to explore other immigration options to secure longer-term work authorization for their employees. We encourage clients to reach out to our team with any questions about TPS, or longer-term options for employees in this status.

Our office will reach out to individuals who are eligible for the TPS re-registration and/or TPS EAD renewal. Clients should reach out to our office if there are questions about I-9 revalidation for existing TPS beneficiaries who qualify for the 18-month extension.