The U.S. Department of Homeland Security (DHS) has announced the designation of Temporary Protected Status (TPS) for Ukrainian nationals for eighteen months. TPS status will apply to nationals of Ukraine who have continuously resided in the United States since March 1, 2022. According to DHS, this designation is based on "the extraordinary and temporary conditions" in Ukraine that "result from the full-scale Russian military invasion" that prevent Ukrainian nationals from returning safely. The eighteen-month designation will go into effect on the publication date of the forthcoming Federal Register notice, which is expected to be released in the coming days.
As a result, Ukrainian citizens who are temporarily present in the United States are permitted to remain in the United States and may apply for work authorization for the duration of their TPS designation. Employers may want to consult the Federal Register for details on how to comply with employment verification requirements.
Ogletree Deakins' Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available. Important information for employers is also available via the firm's webinar and podcast programs.
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