This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.
The Department of Homeland Security (DHS) posted Federal Register notices on temporary protected status (TPS) for Sudan and Ukraine. The notices provide information about how to register for TPS under each country's designation and apply for an employment authorization document. The 18-month registration period for both countries began on April 19, 2022, and ends on October 19, 2023. All individuals who want to request TPS under the designation of Sudan or Ukraine must file an application.
To be eligible under the Sudan designation, individuals must demonstrate their continuous residence in the United States since March 1, 2022, and continuous physical presence in the United States since April 19, 2022. Individuals arriving in the United States after March 1, 2022, are not eligible for TPS under this designation and may be subject to removal if they have no other authorization to be in the United States.
U.S. Citizenship and Immigration Services (USCIS) estimates 3,090 individuals may be eligible for TPS under the designation of Sudan. This includes an estimated 2,390 newly eligible individuals as well as an estimated 700 current TPS Sudan beneficiaries, whose TPS-related documentation has been automatically extended pursuant to court orders through at least December 31, 2022. These individuals must file a new application for TPS under the new Sudan designation to avoid losing protection if the court injunctions are lifted.
To be eligible under the Ukraine designation, individuals must demonstrate their continuous residence in the United States since April 11, 2022, and continuous physical presence in the United States since April 19, 2022.
USCIS estimates 59,600 individuals currently in the United States may be eligible for TPS under the designation of Ukraine. Ukrainian nationals currently outside the United States are not eligible for TPS under this designation, and they will not become eligible by relocating to the United States. Such Ukrainians are encouraged instead to apply for a visa or other legal pathway at a U.S. consulate abroad.