Ukraine’s Temporary Protected Status (TPS) designation was set to expire on October 19, 2026. That date has passed without a formal decision from the Department of Homeland Security (DHS). DHS has not published a Federal Register notice either extending or ending the designation. Instead, USCIS posted a short statement: “An announcement on Ukraine’s TPS will be made at the appropriate time. Until such announcement is made, Ukrainian individuals present in the U.S. under TPS retain protection including work authorization.”
For now, roughly 101,000 Ukrainian TPS holders in the United States are still protected from removal and still allowed to work. Sudan’s TPS designation is in the same position.
Why TPS continues without an announcement
The TPS statute requires DHS to decide whether to extend or end a designation at least 60 days before it expires. If DHS misses that deadline, the law extends the designation automatically for at least six months. DHS missed the deadline for Ukraine. DHS has not confirmed a new end date, though. Treat any specific date as unconfirmed until DHS publishes official notice.
What employers should do now
- Don’t take adverse action. Employees with Ukrainian TPS remain authorized to work. Don’t terminate them, suspend them, or ask them for new documents because the October 19 date has passed.
- Document your file. Make a note on the employee’s Form I-9 that DHS has said TPS protections and work authorization continue. Keep a dated screenshot of the USCIS statement with your I-9 records.
- Watch for updated I-9 and E-Verify instructions. USCIS last issued Ukraine-specific I-9, E-Verify, and SAVE guidance in September, when it expected the designation to end on October 19. That guidance has not been formally replaced, so expect new instructions once DHS announces its decision.
What TPS holders should do now
Keep a copy of the USCIS statement with your Employment Authorization Document (EAD). Don’t travel internationally without talking to an attorney first. Watch for a Federal Register notice, which may include new re-registration requirements and deadlines.
We’ll post an update when DHS publishes its formal decision and updated employer guidance. If you have questions about how this affects your workforce or your own status, contact your Meltzer Hellrung LLC attorney.
