As Russia Launches A New Attack U.S. Extends TPS To Ukrainians

Russia’s new invasion of Ukraine, involving a massive 480-kilometer-long front on Ukraine’s eastern border, it is likely to add even more refugees to the almost 5 million Ukrainians who have fled the country so far. Some 90 percent of those displaced are women and children. The war has generated a staggering humanitarian crisis not seen in Europe since the end of World War II. While Ukraine’s neighbouring states have compassionately welcomed the influx of these migrants across their borders, something had to be done to ease the burden on these states. America took a step in that direction today.

TPS For Ukrainians Announced

The Department of Homeland Security announced it will provide Ukrainians in the United States Temporary Protected Status (TPS) for 18 months, effective April 19th, 2022 through to October 19, 2023. The designation allows eligible Ukrainian nationals to apply for TPS if they have continuously resided in the United States since April 11, 2022 and have also been continuously physically present in the U. S. from April 19th, 2022. The benefit also extends to individuals having no nationality who last habitually resided in Ukraine and thereafter came to America by April 11th of this year.

The Department estimates almost 60,000 individuals may be eligible for this designation. During the TPS designation period, eligible beneficiaries can remain in the United States and are authorized to obtain Employment Authorization Documents. Such beneficiaries can also apply for travel authorization which can be granted to them on a discretionary basis. Once the TPS designation expires, beneficiaries will either return to the same immigration status or category that they had before TPS or any other lawfully obtained immigration status they received while registered for TPS, as long as that status is still valid beyond the date TPS terminates.

F-1 Student Help As Well

In addition to TPS for Ukrainians, the Department of Homeland Security also announced that it is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Ukraine, regardless of country of birth or individuals having no nationality who last habitually resided in Ukraine, and who are experiencing severe economic hardship as a direct result of the ongoing armed conflict in Ukraine. The Department is providing this relief, so the students can request employment authorization, work an increased number of hours while their school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant student status.

The Department will deem F-1 nonimmigrant students who receive such employment authorization to be engaged in a “full course of study” for the duration of the employment authorization if the nonimmigrant student satisfies a minimum course load requirement as further detailed in the notice. This means that certain restrictions governing on-campus and off-campus employment for F-1 nonimmigrant students will be suspended for those students. The Department also signalled that it considers students who engage in online coursework pursuant to the U.S. Immigration and Customs Enforcement Corona Virus Disease 2019 guidance for nonimmigrant students to be in compliance with its regulations while such guidance remains in effect.

This notice applies exclusively to F-1 nonimmigrant students who meet all of the following conditions:

(1) Are a citizen of Ukraine regardless of country of birth (or an individual having no nationality who last habitually resided in Ukraine);

(2) Were lawfully present in the United States in F-1 nonimmigrant status on April 19th, 2022;

(3) Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP) certified for enrolment for F-1 nonimmigrant students;

(4) Are maintaining F-1 nonimmigrant status; and

(5) Are experiencing severe economic hardship as a direct result of the ongoing armed conflict in Ukraine.

The notice also applies to F-1 nonimmigrant students in an approved private school in kindergarten through grade 12, a public school in grades 9 through 12, and to undergraduate and graduate education. An F-1 nonimmigrant student covered by this notice who transfers to another SEVP certified academic institution remains eligible for the relief provided by means of this notice.

Clarity On The 100,000 Announcement Needed

The TPS designation is a welcome response to the ongoing Russian invasion of Ukraine for Ukrainians who were in the United States during the designated period. It accompanies the American desultory grants of humanitarian parole relief to some Ukrainians at the southern border recently, and President Biden’s previous announcement that the United States will allow 100,000 Ukrainians to immigrate to the United States. More clarifying announcements from the White House are expected and will be critical to address the crisis of displaced Ukrainians in Eastern Europe. Eastern European countries currently hosting such Ukrainians are staggering under the weight of this humanitarian burden and need further support from the United States.