On March 2, 2022, the Department of Homeland Security (DHS) announced the designation of Sudan and Redesignated South Sudan for Temporary Protected Status (TPS). On March 3, 2022, DHS announced the designation of Ukraine for an initial period of 18 months. On April 19, the Federal Register released notices on TPS for both Ukraine and Sudan, outlining how to register for TPS under each country’s designation. Any national from Ukraine or Sudan became eligible to file an application for TPS on April 19.

A country may be designated for TPS when conditions in that country reduce into one or more of the three statutory requirements for designation. Those requirements include:

• Ongoing armed conflict within the state posing a serious threat to the personal safety of nationals if returned there;

• Earthquake, flood, drought, epidemic, or other environmental disaster resulting in a substantial but temporary disruption of living conditions in the area affected; or

• Extraordinary and temporary conditions in the foreign state preventing its nationals from returning safely.

DHS has confirmed that the designation of Ukraine for TPS is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent its nationals from returning safely. DHS has also stated that Sudan is experiencing political instability and South Sudan continues to have armed conflict, qualifying both countries for TPS.

During a TPS designation period, beneficiaries or those found preliminarily eligible for TPS upon initial review of their cases are not removable from the United States; can obtain employment authorization; and may be granted travel authorization. Once an individual is granted TPS, they cannot be detained by DHS on the basis of their immigration status in the United States.

Ukraine

Individuals from Ukraine are eligible for TPS under this recent designation if they have continuously resided in the United States since April 11, 2022 and have been continuously physically present in the United States since April 19, 2022. Ukrainian nationals who attempt to travel to the United States after April 11, 2022, will not be eligible for TPS.

DHS estimates 59,600 individuals currently in the United States may be eligible for TPS under the designation of Ukraine. The Department of State (DOS) has also stated they will accept Ukrainians travelling with their internal/ domestic passports because they could not flee with the international one when they were leaving Ukraine.

Sudan

Individuals from Sudan are eligible for TPS under this recent designation if they have continuously resided in the United States since March 1, 2022, and have been continuously physically present in the United States since April 19, 2022. Sudanese nationals who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS. DHS estimates 3,090 individuals currently in the United States may be eligible for TPS under the designation of Sudan.

Registering for TPS

Applicants submitting their first TPS application must submit a Form 821, Application for Temporary Protected Status and pay the $50.00 filing fee. Applicates that are 14 or older must also pay a biometrics fee of $85.00. Applicants may file Form I-912, request for Fee Waiver if requesting consideration of fee waiver requests due to an inability to pay. Both mail filing and online filing is available if applicants create a USCIS online account.

Applying for Work Authorization

Applicants who wish to obtain employment authorization must file Form I-765, Application for Employment Authorization. Applicants 14-65 years old must pay a $410.00 filing fee. TPS applicants can file this form along with their TPS application, or at a later date, provided their TPS application is still pending or has been approved. Applicants may file Form I-912, request for Fee Waiver if requesting consideration of fee waiver requests due to an inability to pay. Both mail filing and online filing is available if applicants create a USCIS online account.