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ARTICLE · 06 NOVEMBER 2026

TPS Turbulence And Timing Questions For Ukraine And Sudan

Seyfarth Shaw LLP
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The Department of Homeland Security has announced that Temporary Protected Status beneficiaries from Ukraine and Sudan will retain work authorization beyond the October 19, 2026 expiration date, though no formal extension has been published. This development creates legal uncertainty for employers regarding compliance obligations, as DHS has not followed standard regulatory procedures or issued corresponding Form I-9 and E-Verify guidance.

GlobalImmigration
Dawn Lurie
Dawn Lurie
Alexander Madrak
Alexander Madrak
John Mazzeo
John Mazzeo
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The move mirrors DHS’s recent approach to El Salvador.

Temporary Protected Status (TPS) for Ukraine and Sudan was set to expire on October 19, 2026. The Department of Homeland Security (DHS) recently stated that an announcement will “be made at the appropriate time” and that, until then, beneficiaries will “retain protection, including work authorization.” Accordingly, these individuals remain authorized to stay and work in the United States, as DHS recently permitted for Salvadoran TPS beneficiaries. U.S. Citizenship and Immigration Services (USCIS) has updated its TPS webpages for Ukraine and Sudan to reflect this development.

As we explained in a recent post, delayed TPS announcements are not unprecedented. As the September announcement concerning El Salvador demonstrated, however, DHS may postpone a decision without following the ordinarily prescribed regulatory process.

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