For individuals and families from Ukraine and Sudan who have been living and working in the United States under Temporary Protected Status (TPS), the past several weeks have brought significant uncertainty. Many have been waiting for the government to clarify whether their protections would continue beyond October 19, 2026.
There is encouraging news.
The Department of Homeland Security (DHS) has confirmed to news organizations that Ukrainian and Sudanese TPS holders can remain in the United States and continue working while the applicable protections remain in effect. This development offers important reassurance to individuals, families, and employers who have been waiting for clarity.
Why Is TPS Continuing?
The TPS designations for Ukraine and Sudan were scheduled to expire on October 19, 2026. Under the Immigration and Nationality Act, DHS must make a timely determination about whether to extend or terminate a TPS designation.
When the required determination is not made within the statutory timeframe, the law provides for an automatic six-month extension of the applicable TPS designation, subject to the requirements of the statute. (8 U.S.C. § 1254a(b)(3)(C))
Because the deadline, in August 2026, passed without the required notice, Polaris Law Group has maintained that the TPS designations for Ukraine and Sudan continue by operation of law.
DHS confirmed on October 18th to news organizations that Ukrainian and Sudanese TPS holders can remain in the United States and retain work authorization during this period. While we would prefer an official announcement to rely on, the extension is based on DHS's failure to file the required notices in a timely manner; we do not expect full disclosures.
This is an important development for families who have been waiting to learn whether they can continue living and working in the United States and their employers who rely on them to provide goods and services.
What Does This Mean for Your Work Authorization?
For many TPS holders, the ability to work is just as important as the ability to remain in the country. Employment allows individuals to support their families, pay their bills, maintain stability, and contribute to their communities.
The statutory extension provides a basis for continued TPS protections, including employment authorization during the applicable extension period. DHS's recent statement offers additional reassurance for eligible Ukrainian and Sudanese TPS holders.
However, the continuation of TPS and the expiration date printed on an individual work permit are not necessarily the same thing.
Employment Authorization Documents (EADs) issued through TPS commonly have the category codes A12 or C19. The expiration date, category, applicable Federal Register notices, and other USCIS guidance may affect how an individual demonstrates continued employment authorization.
TPS holders should review their own immigration documents and applicable government guidance rather than assume that every work permit is treated identically.
What Should Employers Know?
Employers may have questions about employees whose TPS-based work permits show an expiration date of October 19, 2026. Employers can rely on the INA and DHS statements in determining whether their employees are eligible for employment. (Including 8 U.S.C. § 1254a(b)(3)(C), and the USCIS alert for El Salvador TPS recipients, whose status was extended under the same mechanism.
DHS's confirmation is an important development, but employers must continue to follow applicable employment eligibility verification requirements.
If you employ Ukrainian or Sudanese TPS holders, consider taking the following steps:
- Review existing employment authorization documents and any applicable USCIS notices.
- Determine whether the employee's documentation qualifies for an automatic extension or other applicable provision.
- Follow current Form I-9 requirements and official government guidance.
- Consult qualified immigration counsel if you have questions about whether an employee's documents establish continued employment authorization.
Polaris Law Group is happy to provide our clients with information they can share with their employers regarding the TPS extension and work authorization upon request. We want to help our clients navigate these changes and communicate with their employers as clearly as possible. We are also here to work with employers to manage short-term concerns regarding work authorization while building long-term strategies to protect their employees while creating a competitive advantage in the labor market.
What Should Ukrainian and Sudanese TPS Holders Do Now?
If you currently have TPS through Ukraine or Sudan, do not assume that your protections have automatically ended simply because October 19 has arrived.
At the same time, this development does not mean that TPS has been extended indefinitely. The applicable extension is temporary, and additional government guidance may clarify how the extension should be implemented.
For now, we recommend that you:
- Keep copies of your TPS approval notices, work permit, and any USCIS correspondence.
- Review the expiration date and category listed on your work permit.
- Monitor official announcements from USCIS and DHS.
- Speak with an immigration attorney if you have questions about your specific status, employment authorization, or other immigration options.
Depending on your circumstances, there may also be other immigration options worth exploring. Reviewing your broader immigration situation can help you understand what alternatives may be available rather than relying exclusively on TPS.
Polaris Law Group Is Here to Help
We understand how stressful immigration uncertainty can be, especially when your family's ability to remain together, in safety, and your ability to work are at stake.
The latest development is encouraging news for Ukrainian and Sudanese families. The law provides a basis for continued TPS protections, and DHS has confirmed that eligible individuals can remain in the United States and continue working while the applicable protections remain in effect.
We will continue monitoring developments and sharing updates as additional official guidance becomes available.
If you are a TPS holder from Ukraine or Sudan, or an employer with questions about an employee's work authorization, contact Polaris Law Group (402) 383-2698. Our team can help you understand your options and navigate the next steps. We're here to protect families. It's what we do.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration laws, policies, and government procedures can change quickly. The application of TPS and employment authorization rules depends on individual circumstances and documentation. Consult a qualified immigration attorney for advice regarding your specific situation.