Quick Hits
- TPS for Ukraine and Sudan was scheduled to end on October 19, 2026.
- Pursuant to the updated announcement made on October 19, 2026, TPS Ukraine and TPS Sudan beneficiaries continue to have work authorization.
- USCIS has not announced an extension, a termination, or a new employment authorization document (EAD) auto-extension date.
USCIS’s alert does not announce a formal TPS extension or termination for either country, Ukraine or Sudan. It states that TPS beneficiaries keep their protection and work authorization despite the prior October 19, 2026, end date.
Background
The U.S. Department of Homeland Security (DHS) previously extended TPS for Ukraine and Sudan for eighteen months, through October 19, 2026. USCIS also extended certain TPS-based EADs through that date for beneficiaries with qualifying pending or previously filed EAD applications.
What Employers Should Know
USCIS’s alert states that work authorization for TPS Ukraine and TPS Sudan beneficiaries continues pending a further announcement.
The alert did not announce a formal extension or termination of TPS for Ukraine or Sudan. Despite the prior October 19, 2026, end date, USCIS’s current guidance is that Ukrainian and Sudanese individuals present in the United States under TPS retain their protection, including work authorization, until a further announcement is made. Employers should continue to monitor alerts closely in connection with the TPS designations for Ukraine and Sudan.
Next Steps
Employers may want to consider the following:
- monitoring USCIS updates closely on the TPS Ukraine and TPS Sudan webpages and the Form I-9 Related News page;
- reviewing reverification populations before taking action on Ukraine and Sudan TPS-related documentation; and
- planning for how to document I-9 forms under the latest USCIS guidance.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will provide updates on the Immigration blog as additional information becomes available.
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