The Department of Homeland Security (DHS) is extending and re-designating Temporary Protected Status (TPS) for both Ukraine and Sudan for 18 months from October 20, 2023 to April 19, 2025. 

The Secretary of Homeland Security may designate and re-designate a “foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.”  Individuals from TPS-designated countries who already have TPS can extend that status (if they still meet all the eligibility requirements) and individuals from those countries who entered the United States more recently can make initial applications for TPS.

Those who want to re-register and extend their Employment Authorization Documents (EADs) should do so during the 60-day re-registration period that runs from August 21, 2023 through October 20, 2023.  DHS warns that waiting too long could lead to gaps in employment authorization or even loss of status.  Because DHS recognizes that even those who apply on time might have a gap in employment authorization, EADs will be automatically extended until October 19, 2024.  Individuals with already pending EAD applications need not reapply.  When their EADs are issued, they will be issued until April 19, 2025.

Individuals who wish to make initial applications for TPS under the re-designations must have continuously resided in the United States since August 16, 2023, and been continuously physically present in the United States since October 20, 2023.

Specific information on how to file for extensions or re-designations can be found in the Federal Register here for Ukraine and here for Sudan.  Information on determining work authorization for those in TPS can be found per the Jackson Lewis online TPS tool.

Ukrainian and Sudanese students in F-1 status who are experiencing severe economic hardship will continue to be able to work more hours on and off-campus through April 19, 2025.

Jackson Lewis attorneys are available to assist with any questions about TPS and work authorization pursuant to that status.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.

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