The move mirrors DHS’s recent approach to El Salvador.

Temporary Protected Status (TPS) for Ukraine and Sudan was set to expire on October 19, 2026. The Department of Homeland Security (DHS) recently stated that an announcement will “be made at the appropriate time” and that, until then, beneficiaries will “retain protection, including work authorization.” Accordingly, these individuals remain authorized to stay and work in the United States, as DHS recently permitted for Salvadoran TPS beneficiaries. U.S. Citizenship and Immigration Services (USCIS) has updated its TPS webpages for Ukraine and Sudan to reflect this development.

As we explained in a recent post, delayed TPS announcements are not unprecedented. As the September announcement concerning El Salvador demonstrated, however, DHS may postpone a decision without following the ordinarily prescribed regulatory process.

We are aware of arguments that the TPS designations for Ukraine and Sudan may have been automatically extended for an additional six months by operation of law. Although that position relies on language in the TPS statute, USCIS has not issued corresponding guidance and continues to reference the currently published TPS expiration dates. As a result, employers are left with uncertainty regarding the practical effect of any automatic extension, and the issue may ultimately need to be resolved through future agency action or litigation. Until additional guidance is issued, employers should continue to follow existing USCIS and DHS instructions for Form I-9, E-Verify, and employment authorization purposes

Employer Impact

Although the programs’ long-term futures remain uncertain, DHS’s announcement permits employers to continue employing affected TPS beneficiaries. If DHS ultimately terminates either designation, the required 60-day notice period should give employers additional time to reverify affected employees and, where necessary, plan for potential workforce disruptions.

DHS has not issued Form I-9 or E-Verify guidance for Salvadoran beneficiaries, even though that announcement was made more than 30 days ago.  In the meantime, employers should consider retaining a copy of the applicable DHS announcement and documenting the basis for any employment authorization decisions involving affected TPS beneficiaries. Given the unusual procedural posture of these TPS designations, maintaining contemporaneous records may help employers explain their compliance decisions during a future government audit or investigation.

This situation is evolving rapidly. The Seyfarth team is monitoring developments closely and will provide updates as additional information becomes available.

For more information, please contact the authors, Dawn Lurie, Alexander Madrak, and John Mazzeo, or your Seyfarth relationship partner. Seyfarth’s Immigration Compliance & Investigations specialty group is nationally recognized for providing strategic, practical guidance to employers of all sizes, from Fortune 100 companies to emerging businesses, across the full spectrum of immigration compliance matters.

The group advises on Form I-9 and E-Verify compliance; ICE inspections and worksite enforcement; internal immigration compliance assessments and I-9 audits; DOL immigration-related wage and hour investigations; H-1B compliance; DOJ IER and OCAHO anti-discrimination matters, including enforcement actions alleging that U.S. workers were disadvantaged in favor of foreign workers; and deemed export and ITAR compliance. The team combines deep immigration compliance and investigations experience with Seyfarth’s nationally recognized labor, employment, and litigation capabilities. For timely immigration updates, subscribe to Seyfarth’s blog, Through the Immigration Lens.