As of October 25, 2026, USCIS says Ukrainian individuals with Temporary Protected Status (TPS) retain protection, including work authorization, until DHS makes an announcement. The statute also supports a six-month extension of Ukraine’s TPS designation because DHS did not publish a timely determination before the designation’s October 19 expiration date.
However, the statutory extension and the employment documents employers may use for Form I-9 are separate issues. USCIS has not yet issued updated I-9 guidance extending the current TPS-based EAD instructions beyond October 19, 2026. Workers and employers should follow official updates and avoid treating the estimated extension end date as confirmed.
Why Ukraine TPS is extended by operation of law
Ukraine’s TPS designation was set to expire October 19, 2026. Under 8 U.S.C. § 1254a(b)(3)(A), DHS must review country conditions and make a determination at least 60 days before a designation expires. DHS did not publish a Federal Register notice extending or terminating Ukraine’s designation before the deadline.
The statute addresses a missed review. Under 8 U.S.C. § 1254a(b)(3)(C), if the Attorney General does not determine that a country no longer meets the designation conditions, the designation “is extended for an additional period of 6 months” or, at the Attorney General’s discretion, for 12 or 18 months.
Because DHS did not publish a timely determination ending the designation, the statutory language supports the conclusion that Ukraine TPS continued for at least six months by operation of law. Six months from October 19, 2026, would be approximately April 19, 2027. That date is an inference from the statute, not a new end date confirmed by DHS.
Termination follows a different process. Under § 1254a(b)(3)(B), DHS must publish a termination notice in the Federal Register. The termination cannot take effect earlier than 60 days after publication or, if later, the expiration of the most recent extension. As of October 25, a termination notice had not been published.
What USCIS and news reports have said
The USCIS Ukraine TPS page states: “An announcement on Ukraine’s TPS will be made at the appropriate time. Until such announcement is made, Ukrainian individuals present in the U.S. under TPS retain protection including work authorization.”
On October 24, NPR reported that TPS had been extended for Ukrainians. The report cited approximately 101,000 Ukrainian TPS holders. Sudan is reported to be in a similar position; the statutory extension mechanism also applies under the TPS statute.
The USCIS statement supports continued TPS protection and work authorization while DHS’s announcement is pending. It does not, by itself, explain how employers should document a post-October 19 work-authorization extension in Form I-9 or E-Verify. For that, employers should look for updated agency instructions rather than assume that the statutory date has already been added to existing I-9 procedures.
The current work-authorization and I-9 issue
USCIS’s September 3, 2026, I-9 alert for Ukraine addressed qualifying TPS-based EADs in categories A-12 or C-19. It instructed employers that certain expired EADs, when presented with the applicable USCIS notice, were extended through October 19, 2026.
That alert did not extend those EADs beyond October 19. As of October 25, USCIS had not published a new automatic EAD extension notice or updated I-9/E-Verify guidance for Ukraine TPS after that date. Employees whose EADs expired on October 19 may therefore face reverification questions while employers await further instructions, even though USCIS says TPS protection, including work authorization, continues pending its announcement.
Steps for Ukrainian TPS beneficiaries
TPS beneficiaries should:
- Keep key records together. Retain your EAD, TPS approval and re-registration records, and USCIS notices. Keep a dated copy of the USCIS Ukraine TPS statement with your EAD.
- Monitor USCIS updates. Check the USCIS Ukraine TPS page and watch for a Federal Register notice. A notice may explain any new re-registration requirements and deadlines.
- Respond promptly to employer questions. Share relevant USCIS notices and ask HR to review the latest agency guidance. Do not assume the April 2027 estimate appears on your EAD or is already reflected in I-9 instructions.
- Get legal advice before international travel. TPS travel involves separate requirements. Consult an immigration lawyer before departing the United States.
Steps for employers and HR teams
Employers should manage this issue carefully and consistently:
- Review affected I-9 records and identify employees whose TPS-based EADs expired October 19.
- Keep a dated copy of the USCIS statement with the relevant I-9 record, and document the guidance relied on in the company’s file.
- Continue to monitor USCIS, including its I-9 Central and E-Verify updates, for new reverification instructions.
- Do not take adverse action against an employee based solely on an expired TPS-based EAD while the agency’s work-authorization guidance remains unsettled.
- Apply verification procedures consistently. Do not request a particular document or treat an employee differently because of national origin or citizenship.
Employers should not enter April 19, 2027 as an EAD or Form I-9 expiration date solely because it is the date implied by the statute. The designation extension and the documentation procedures for I-9 compliance are related, but they are not interchangeable. Employers should obtain individualized advice if a reverification deadline or employment decision is imminent.
What to watch for next
The central distinction is between the legal status of the country’s TPS designation and the documents USCIS currently instructs employers to accept. The statute supports at least a six-month extension by operation of law. USCIS has stated that eligible Ukrainians retain protection, including work authorization, until its announcement. But the agency has not yet published a new I-9/E-Verify notice extending the September 3 EAD instructions beyond October 19.
Accordingly, April 19, 2027 is an estimated date, not a DHS-confirmed deadline. New agency guidance may clarify EAD validity, I-9 reverification, and re-registration. Workers and employers should verify the latest official instructions before making decisions based on a specific end date.
Blasingame Law LLC advises individuals on humanitarian immigration matters and supports employers with work authorization and workforce compliance. Learn about our immigration services or contact our office to discuss a case-specific concern.
This article provides general legal information and is not legal advice. Immigration rules and agency guidance may change. Consult a qualified immigration lawyer about your specific status, employment documentation, travel, or re-registration requirements.
