PolicyJDSupra Immigration · 3 min read
Ukraine TPS Update 2026: Work Authorization Protected Amid Trump Mass Visa Revocation Fears
USCIS confirms Ukrainian TPS holders retain work authorization and protection until further notice. Employers warned against terminating workers over expired documents, and re-parole applicants advised to submit financial and health insurance evidence.
The United States Citizenship and Immigration Services (USCIS) has issued new guidance confirming that Ukrainian nationals present in the U.S. under Temporary Protected Status (TPS) continue to retain full protection and work authorization, despite the October 19, 2026 TPS designation date passing without a formal renewal announcement. USCIS stated: "Until such announcement is made, Ukrainian individuals present in the U.S. under TPS retain protection including work authorization."
However, a significant practical gap remains. USCIS has not yet updated Form I-9, E-Verify, or SAVE guidance to reflect how employers and government agencies should verify continued employment authorization. Ukrainians experiencing E-Verify mismatches are advised to use the MyE-Verify Self Check system, upload TPS documentation, and contact DHS directly through the system.
Employers are strongly cautioned not to terminate or sideline Ukrainian workers based solely on the appearance of expired TPS documentation. Workers may hold multiple overlapping protections including humanitarian parole, TPS, or pending asylum status. Legal counsel should be sought before making any employment decisions affecting Ukrainian nationals. Attorneys also urge employers to consider employment-based green card sponsorship — including EB-3 — for eligible workers in shortage occupations, as permanent residence offers far greater stability than temporary protections.
For Ukrainian nationals filing re-parole applications based on medical need, USCIS has been issuing Requests for Evidence (RFEs) citing insufficient proof of urgent humanitarian reasons. While RFEs have not explicitly requested proof of insurance or financial resources, practitioners recommend proactively including private health insurance documentation, proof of income, bank statements, and stable housing arrangements to strengthen medically-based filings.
Finally, Ukrainian nationals are reminded to monitor the upcoming Diversity Visa (Green Card Lottery) registration period, traditionally announced by the U.S. Department of State each fall, as an additional pathway to permanent residence.