Temporary Protected Status Continues for Ukrainians and Sudanese

On October 19, the U.S. Department of Homeland Security (DHS) announced that Ukrainians and Sudanese enrolled in the Temporary Protected Status (TPS) program will "retain protection" even though their eligibility was set to expire that day. The continuance means these foreign nationals are protected from deportation and can lawfully continue to work for their employers for an indefinite period of time.

TPS is a legal designation that allows foreign nationals from certain countries to remain in the United States, obtain work authorization and avoid deportation when conditions in their home country, such as a natural disaster, armed conflict or other extraordinary and temporary circumstances, make return unsafe.

The continuation of TPS for Ukrainians and Sudanese is vital for some employers who have these employees in their workforce. Without an extension, these employers would be forced to terminate the employees for lack of work authorization.

In the near future, it is expected that DHS will announce an 18-month extension of TPS for Ukraine and Sudan foreign nationals.

Further, DHS stated final decisions on the fate of the TPS designations will "be made at the appropriate time." A decision on whether to extend or end TPS should have been made 60 days before its expiration.

Please contact Bruce Buchanan or any member of the Phelps immigration team with questions or for advice and guidance.