USCISJDSupra Immigration · 3 min read
2026 TPS Work Authorization Alert: Ukraine & Sudan Holders Retain Status Pending USCIS Announcement
USCIS confirmed on October 19, 2026 that Ukrainian and Sudanese TPS holders retain work authorization past the prior end date, despite no formal extension or termination being announced.
On October 19, 2026, U.S. Citizenship and Immigration Services (USCIS) updated its Temporary Protected Status (TPS) webpages for Ukraine and Sudan, confirming that beneficiaries from both countries retain their protection and work authorization even though TPS was previously scheduled to end that same day. USCIS stated that a formal announcement regarding the designations would be made "at the appropriate time," leaving the status in a continued but undefined state.
Critically, USCIS has not announced a formal extension, termination, or a new Employment Authorization Document (EAD) auto-extension date. This means Ukrainian and Sudanese nationals currently protected under TPS remain authorized to work in the United States, but employers and beneficiaries must monitor USCIS updates closely for any change in status.
The background behind this update stems from a prior 18-month extension by the Department of Homeland Security (DHS), which had set October 19, 2026 as the end date for both Ukraine and Sudan TPS designations. USCIS had also extended certain TPS-based EADs through that same date for beneficiaries with qualifying pending or previously filed EAD applications.
For employers, the practical implication is that I-9 reverification for Ukrainian and Sudanese TPS employees should not be triggered based solely on the October 19 end date. USCIS's current guidance explicitly states work authorization continues until a further announcement is made. Employers are advised to review their reverification populations and hold off on any adverse employment actions related to TPS documentation until official guidance is issued.
Employers and TPS beneficiaries should actively monitor the USCIS TPS Ukraine and TPS Sudan webpages, as well as the Form I-9 Related News page, for any forthcoming announcement regarding extension, termination, or new EAD auto-extension dates.