On March 3, 2022 Secretary of the Department of Homeland Security, Alejandro Mayorkas, designated Ukraine for Temporary Protected Status (TPS) for a period of 18 months. The 18 month TPS period goes into effect on the publication date of the designation in the Federal Register. The Federal Register notice will also provide instructions for how Ukrainian nationals can apply for TPS and employment authorization. The process typically involves an application providing personal and biographic information, and includes security and background checks.

TPS provides individuals the ability to legally reside in the United States and seek employment authorization so that they legally work as well. For Ukrainian nationals, they only qualify for TPS if they have continuously resided in the United States since March 1, 2022.

TPS is designed to protect individuals from foreign countries who cannot return home due to war, natural disaster, or other extraordinary circumstances that prevents individuals from safely returning to their home countries. Depending on how the situation in Ukraine continues to develop, the Department of Homeland Security may extend TPS for Ukrainian nationals past the 18 month period.

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