Ukrainian TPS Update: Trump Administration Keeps Protections and Work Permits Intact

With Temporary Protected Status (TPS) expiration dates approaching for Ukrainian nationals, many individuals and employers across the United States have been awaiting official guidance on deportation protections and work authorization.

Recent developments confirm that the Trump administration will keep TPS protections in place for more than 100,000 Ukrainians in the U.S. while official decision announcements remain pending.

At Cohen, Tucker + Ades, our experienced immigration attorneys are closely monitoring updates from the Department of Homeland Security (DHS) to help Ukrainian beneficiaries navigate status updates, work permit extensions, and long-term immigration strategies.

Quick Summary

Is Ukrainian TPS currently extended?

Yes. Although the initial TPS designation was scheduled to expire, the Department of Homeland Security (DHS) confirmed that existing TPS protections for over 100,000 Ukrainians remain in effect until a formal announcement is issued.

Does my Ukrainian TPS work permit (EAD) remain valid?

Under standard DHS procedures during pending designation decisions, TPS protections and associated Employment Authorization Documents (EADs) continue to protect covered individuals from deportation and grant continued work authorization. Employers must accept valid proof of TPS auto-extensions alongside relevant Federal Register Notice (FRN) updates.

Key Takeaways from the Latest DHS Update

1. Protection Continued Pending Formal Announcement

TPS designations for Ukraine—as well as Sudan—were set to expire, creating significant uncertainty. However, a DHS spokesperson confirmed that official announcements regarding the future of both programs “will be made at the appropriate time.”

Until that formal determination is officially published, TPS protections for the estimated 100,000+ Ukrainians (and approximately 2,000 Sudanese nationals) remain fully in place.

2. Context of the Ukrainian TPS Designation

DHS first designated Ukraine for TPS in 2022 following the Russian invasion. Four years later, ongoing armed conflict in Ukraine has forced an estimated 6.7 million people to flee the country, maintaining the severe humanitarian conditions that justify TPS protection under federal law.

3. Automatic Extensions & Employment Authorization (EAD)

TPS provides temporary relief from removal and grants eligible individuals authorization to work legally in the U.S. Ukrainian TPS holders play vital roles in critical U.S. industries, including healthcare, construction, restaurant, and professional services.

• Work Authorization (EAD Auto-Extensions): When DHS maintains status pending a formal renewal announcement, automatic extensions apply to existing EAD cards to prevent gaps in employment authorization.

• Employer Compliance (Form I-9): Employers verifying work eligibility for Ukrainian employees can rely on automatically extended TPS documents when combined with official DHS site updates or Federal Register notices.

Broader TPS Policy & Judicial Context

The continuation of Ukrainian TPS comes during a period of shifting national immigration policy. DHS has previously terminated TPS designations for nearly one million people across 13 nations as part of broader enforcement priorities.

Additionally, a pivotal U.S. Supreme Court decision ruled that DHS decisions regarding TPS terminations are generally not subject to judicial review. Given this legal landscape, staying informed about filing deadlines and formal agency updates is crucial for anyone relying on temporary humanitarian status.

Frequently Asked Questions (FAQ)

What should I do while waiting for the official DHS announcement?

Ensure your contact information is up to date with USCIS, keep copies of all past I-821 approval notices and EAD cards, and consult an experienced immigration attorney to evaluate backup options or permanent residency pathways.

Does TPS lead to a Green Card (Lawful Permanent Residence)?

TPS itself is a temporary protection and does not directly confer permanent residency or U.S. citizenship. However, holding TPS does not prevent you from pursuing other lawful pathways—such as family-based petitions, asylum, or employment-based adjustment of status—if you meet those specific qualifications.

How do I prove my right to work to my employer right now?

You can present your existing TPS EAD alongside the official DHS statement or Federal Register Notice establishing the status continuation. Employers are required by federal law to accept valid auto-extended documentation for Form I-9 purposes.

How Cohen, Tucker + Ades Can Assist You

Navigating administrative status shifts, strict filing windows, and evolving federal court rulings requires strategic legal representation. The team at Cohen, Tucker + Ades P.C. brings decades of trial and administrative immigration experience to protect your rights, secure work authorization, and explore long-term options.

If you are a Ukrainian national currently on TPS or an employer seeking guidance on Form I-9 compliance for TPS employees, contact our office today to schedule a comprehensive consultation.