Ukraine TPS registration opens Tuesday, regulatory requirements eased for certain F-1 students

The Department of Homeland Security (DHS) announced that registration for Temporary Protected Status (TPS) for Ukraine would be open from Tuesday, April 19, through Oct. 19, 2023. DHS also announced it would temporarily suspend employment authorization requirements for certain F-1 students from Ukraine.

Key Points:

• To be eligible for TPS, Ukrainian nationals (or those without a nationality who last resided in Ukraine) must demonstrate they have resided in the U.S. continuously since April 11, 2022, and have been continuously physically present in the U.S. since April 19.
• Previously, DHS had said the residence cutoff date would be March 1; the agency subsequently moved the date to April 11.
• Applicants have until Oct. 19, 2023, to register and complete Form I-821, Application for Temporary Protected Status. They may also request an Employment Authorization Document by submitting Form I-765.
• Those who traveled to the U.S. after April 11 will not be eligible for TPS.
• Ukrainian nationals (or those without a nationality who last resided in Ukraine) who are nonimmigrant F-1 students and are “experiencing severe economic hardship as a direct result of the current crisis in Ukraine” can now:
  • Request employment authorization from April 19, 2022, through Oct. 19, 2023.
  • Work an increased number of hours while school is in session.
  • Reduce their course load while continuing to maintain their F-1 nonimmigrant status.
• DHS will consider F-1 nonimmigrant students who gain employment authorization engaged in a “full course of study” for the duration of their employment authorization if the nonimmigrant student satisfies the minimum course load requirement described here.

Additional Information: The decision to add Ukraine under TPS was made due to Russia’s military invasion, the country’s destroyed infrastructure and the scarcity of resources, among other reasons. DHS cited similar reasons in its decision to provide relief for nonimmigrant F-1 students. More information can be found here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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