Temporary Status, Work Authorization and Long‑Term Planning
Since Russia’s full‑scale invasion of Ukraine, many Ukrainian nationals have come to the United States seeking safety, lawful status and long‑term stability. However, recent shifts in U.S. immigration enforcement priorities have increased vulnerability for individuals who rely solely on temporary or discretionary immigration status. At the same time, work authorization rules for individuals in humanitarian categories have become increasingly difficult for both families and employers to navigate.
Many Ukrainian nationals are now asking an urgent and critical question: How can I protect myself from detention or removal and secure lawful status in the United States long term? At the same time, employers of Ukrainian nationals with work permits based on Ukrainian Humanitarian Parole (UHP) or Temporary Protected Status (TPS) are asking how to treat these employees if their work permits expire and their applications for renewed permits are not yet approved.
The following blog post goes into great detail about options for Ukrainian nationals and their employers, discussing UHP, TPS, employment-based options, work authorization updates, family-based options, adjustment of status, asylum, long-term planning strategies and more.
At Harris Beach Murtha Cullina PLLC, our Immigration Practice Group regularly advises Ukrainian individuals and families on both available paths to legalization and the legal risks of remaining without durable status, as well as counseling employers of Ukrainian nationals regarding I-9 compliance and visa/green card sponsorship.
Attorneys Dana Bucin and Alona Voronova have extensive experience assisting Ukrainian clients with asylum, humanitarian relief, family‑based petitions, and employment‑based immigration. As a Co-Founder of Connecticut for Ukraine Refugee Matching Program, Dana personally visited the southern border in April 2026 to assist more than 2,000 Ukrainian refugees. Attorney Alona Voronova is originally from Ukraine, speaks Ukrainian fluently, and understands the cultural, linguistic, and historical realities many Ukrainian clients face. Our firm is able to assist clients in the Ukrainian language, ensuring clear communication and culturally informed legal advocacy.
Humanitarian Statuses for Ukrainians Affected by Russia’s Invasion
In addition to traditional immigration pathways, many Ukrainian nationals in the United States have relied on two humanitarian forms of protection: humanitarian parole under the Uniting for Ukraine / United for Ukraine framework (UHP) and Temporary Protected Status for Ukraine. Although both can provide temporary protection and access to work authorization, they operate differently and carry different legal consequences.
Humanitarian Parole (UHP)
Humanitarian parole is a discretionary, temporary permission to remain in the United States, typically granted for a limited period (often up to two years at a time). Individuals seeking parole or re-parole may request employment authorization as part of the re-parole process (including through Form I‑131, where applicable) or may apply separately by filing Form I‑765 after parole is granted.
In the re-parole context, United States Citizenship and Immigration Services (USCIS) will issue a conditional approval and require applicants to pay an additional government filing fee (currently $1,020) within a prescribed timeframe. If the required fee is not timely paid, USCIS may deny the re-parole request.
Humanitarian parole does not constitute admission in a nonimmigrant status and does not provide permanent protection from removal.
Temporary Protected Status for Ukraine
TPS is a statutory humanitarian protection granted to eligible Ukrainian nationals physically present in the United States since designated dates set by the Department of Homeland Security. Under the current designation, applicants must demonstrate continuous residence in the United States since Aug. 16, 2023, and continuous physical presence since Oct. 20, 2023. While in valid TPS, an individual is protected from removal and may apply for employment authorization.
The current TPS designation for Ukraine is set to expire on Oct. 19, 2026, following DHS’s most recent extension and redesignation (effective Oct. 20, 2023). The most recent re-registration period ran from Jan. 17, 2025, through March 18, 2025, and individuals who timely re-registered during that period may hold Employment Authorization Documents (EADs) with expiration dates in April 2026 or mid‑2026 (including July 2026), depending on when their applications were filed and adjudicated. In addition, certain TPS-based EADs were automatically extended through April 19, 2026, under USCIS guidance.
Importantly, the expiration date listed on an EAD card does not always reflect the end of valid work authorization. In some cases, individuals may remain authorized to work beyond that date due to automatic extension rules tied to timely filed renewal applications. These rules have changed multiple times and are discussed in more detail in the Work Authorization section below.
TPS-based work authorization is obtained through Form I‑765 and must typically be renewed in connection with TPS re-registration. Eligibility for continued employment authorization, including any applicable automatic extensions, depends on specific regulatory criteria and should be reviewed on a case-by-case basis.
Travel for TPS holders is not automatic — individuals must apply for advance travel authorization before departing the United States to preserve their ability to return.
In practice, many Ukrainian TPS applicants are currently experiencing significant processing delays. While some approvals have been issued, a substantial number of applicants are still awaiting decisions on both TPS and related employment authorization applications, leaving many individuals and employers in a state of uncertainty.
Why This Matters in 2026
For many Ukrainian nationals, 2026 is a critical planning year. A number of individuals are approaching the end of their humanitarian parole validity, while TPS protections and TPS-based work authorization documents are tied to key dates in 2026 — including April and mid‑year EAD expirations and the overall TPS designation end date of Oct. 19, 2026. At the same time, further TPS extension or redesignation, as well as continued availability of re-parole, remain uncertain and discretionary.
As a result, both individuals and employers should view these humanitarian protections as temporary measures and plan proactively for longer-term immigration solutions where possible.
Why Ukrainian Nationals Have Become More Vulnerable to Removal
Following the start of mass removal and enforcement initiatives under the current administration, Ukrainian nationals — particularly those relying solely on humanitarian parole such as UHP — have become significantly more vulnerable to detention and removal proceedings. Enforcement has increased not only in traditional immigration settings, but also through routine encounters with law enforcement, including traffic stops, criminal arrests, ICE check-ins and certain immigration-related appointments.
Recent trends also suggest some groups may face heightened exposure, including individuals working in driving-related occupations, individuals with prior status gaps or immigration violations, and those who have not put a more durable immigration strategy in place.
Humanitarian Parole Alone Is Not Protection
While humanitarian parole allowed many Ukrainians to lawfully enter the United States, parole is discretionary and temporary, and it can be revoked or terminated at any time.
In practice:
- Applicants may face significant filing costs, long processing times and requests for additional evidence focused on continued humanitarian need.
- The issuance of a Notice to Appear (NTA) in removal proceedings generally terminates humanitarian parole.
- Once parole is terminated, an individual no longer has lawful status.
- Ukrainians without another form of protection — such as TPS or a pending asylum application — may be subject to detention.
Many Ukrainian nationals placed into removal proceedings after parole termination are:
- Detained in immigration detention facilities; and
- Classified in a manner often rendering them ineligible for bond (commonly treated as “arriving aliens”), depending on how DHS charges their entry and status.
It is also important to distinguish parole from immigration status that may support long-term case strategy inside the United States. Even if still valid, humanitarian parole often cannot serve as a sufficient basis for certain employment-based adjustment strategies on U.S. soil, and some applicants may instead be pushed toward consular processing abroad. By contrast, valid TPS may in some cases provide a more workable platform for certain filings from within the United States, depending on the immigration category and the individual’s procedural history.
For these reasons, UHP alone should not be viewed as long term immigration protection.
Temporary Protected Status: Helpful but Not Permanent
Temporary Protected Status (TPS) has provided critical stability for many Ukrainian nationals. TPS:
- Protects against removal while in effect.
- Allows for employment authorization.
- Can serve as a bridge to longer term solutions, and a basis for change of status or adjustment of status on U.S. soil, including for employment-based green cards.
However:
- TPS is temporary by design.
- The current TPS designation for Ukraine is set to expire on Oct. 19, 2026. As of now, no further extension or redesignation beyond Oct. 19, 2026, is guaranteed, and Ukrainian nationals should not assume that additional protection will be granted automatically.
Additionally:
- Some TPS based employment authorization documents (EADs) expired on April 19, 2026.
- Others — filed during the most recent registration window under updated USCIS guidance —expire in July 2026.
Because of this uncertainty, TPS should be treated as one layer of protection, not a complete immigration strategy. For many Ukrainian nationals, TPS is best understood as a temporary bridge that should be paired with longer-term planning, where possible.
Employment Based Immigration: A Critical Long Term Strategy
For Ukrainian nationals with supportive U.S. employers, employment based immigration has become one of the most important long term solutions. Options may include:
EB 3 and EB 2 Employment Based Green Cards
EB 3 and EB 2 employment based green cards are often viable when:
- A U.S. employer is willing to sponsor the worker permanently
- The employer wants to retain the Ukrainian employee long term
- The worker wishes to move out of temporary or humanitarian status and into lawful permanent residence
EB 1 (Extraordinary Ability or Outstanding Worker)
Ukrainians with exceptional achievements in:
- Science
- Arts (including Ballroom Dance)
- Business
- Education
- Athletics (including Dance Sport)
may qualify for EB-1 green cards without labor certification in some cases.
Temporary Professional Visas
Depending on the facts, Ukrainians may also qualify for:
- O-1 visas (extraordinary ability)
- H-1B visas (specialty occupations)
Employment based paths can be combined strategically with TPS or parole while green card processing is underway. Of note, all foreign nationals must continuously maintain an underlying nonimmigrant or humanitarian status while waiting for their green card; the mere filing of a green card petition (I-130 or I-140) does not confer any rights to reside and/ or work on US soil. Only the latest step in a green card process — an I-485 (adjustment of status) filing — triggers the right to file for a work/ travel permit, which take six or more months to issue, and even so, the obligations to maintain underlying status remains for all employment-based and family preference categories, except for immediate relatives of US citizens.
Important Work Authorization Update for Ukrainian Nationals and Their Employers
Work authorization has become one of the most unstable and confusing aspects of immigration practice for Ukrainian nationals and the employers who rely on them. This is especially true for individuals in TPS, humanitarian parole, asylum and adjustment-of-status categories, each of which is governed by different employment authorization rules.
As certain TPS-based EADs approach expiration in July 2026, employers should not assume employment must automatically end simply because the card bears an expiration date. In some cases, an individual may remain authorized to work beyond the date printed on the card if they timely and properly filed a qualifying EAD renewal application.
For certain TPS beneficiaries, automatic extensions of employment authorization may continue to apply — potentially for up to 540 days — if the renewal application was timely filed before Oct. 30, 2025, and otherwise falls within the applicable regulatory framework. Recent changes in the law do not necessarily retroactively eliminate those automatic extensions for individuals who already filed before that date.
This means that a Ukrainian TPS beneficiary whose EAD card lists a July 2026 expiration date may still remain authorized to work if the individual qualifies for an automatic extension and can present appropriate documentation, such as the expired EAD together with proof of timely renewal filing and any applicable notice supporting continued validity. Eligibility must be reviewed carefully on a case-by-case basis.
Employers should also be aware that federal law generally requires acceptance of facially valid documentation demonstrating continued work authorization, including qualifying automatic extensions. Employers should not request more or different documents than the law requires, and should not terminate or suspend an employee solely because they are confused by TPS-related documentation. Improper refusal to honor valid automatic extensions may create discrimination exposure under federal law.
Because USCIS has changed auto-extension rules multiple times and because the applicable rules differ across categories, employees and employers should seek individualized legal guidance before acting solely on the expiration date printed on an EAD card.
Practical Tip: What to Carry
Given the current enforcement climate, Ukrainian nationals — especially those with pending applications — should consider carrying copies of key documents, including proof of identity, evidence of current immigration status, receipt notices for pending applications and contact information for legal counsel. Being prepared can be important in the event of an unexpected encounter with law enforcement or immigration authorities.
Family Based Immigration Options for Ukrainian Nationals
Family relationships remain one of the most stable and reliable pathways to lawful permanent residence for Ukrainian nationals already in the United States. In many cases, family based immigration can provide long term security when humanitarian options such as parole or TPS are temporary or uncertain.
Marriage to a U.S. Citizen or Lawful Permanent Resident
Marriage based adjustment of status can be one of the fastest paths to permanent residence. However, marriage based cases are currently subject to heightened scrutiny, and careful case preparation is essential.
Eligibility depends on:
- Immigration status at the time of entry
- Whether the individual entered with inspection (including parole)
- Any prior immigration violations
Many Ukrainians who entered the United States on humanitarian parole may still be eligible to adjust status through marriage, depending on individual circumstances.
Bona Fide Marriage Is Critical
USCIS closely evaluates whether marriage is genuine. Applicants must be prepared to submit extensive documentation demonstrating a real, ongoing relationship, including:
- Joint financial records
- Proof of shared residence
- Photos and communications over time
- Evidence of a shared life and future plans, etc.
A legally valid marriage alone is not sufficient; the relationship must be convincingly documented.
Interviews Are Now the Norm
In today’s adjudication environment, nearly all marriage based applicants are required to attend an in person interview. Officers may ask detailed questions about the relationship, daily life and personal history. Attending an interview without legal representation can be risky, particularly where the applicant:
- Entered on humanitarian parole
- Has prior status issues or enforcement exposure
- Is at risk of being placed in removal proceedings
Legal representation helps ensure proper preparation, protects the applicant’s rights during the interview and addresses issues if they arise.
Petitions Filed by Adult U.S. Citizen Children
Ukrainian parents of adult U.S. citizen children may qualify for permanent residence, subject to admissibility and procedural requirements.
Other Family Based Petitions
Certain family categories —such as petitions filed by lawful permanent resident spouses — may also be available, though they often involve longer processing times and strategic planning.
Interaction With Parole, TPS and Removal Proceedings
Family based petitions can be especially important for Ukrainians who:
- Are currently in humanitarian parole status
- Hold TPS that may expire
- Seek to reduce enforcement vulnerability
In many cases, family based cases are pursued alongside TPS, asylum or employment based strategies to layer protections and preserve lawful presence.
Adjustment of Status: Increased Scrutiny
Recent USCIS policy guidance issued on May 21, 2026, has reinforced that adjustment of status is a discretionary form of relief, subject to a “totality of the circumstances” analysis by adjudicators. Under this framework, officers may give increased attention to factors such as prior immigration violations, maintenance of status, fraud or misrepresentation concerns and other discretionary considerations.
For Ukrainian nationals who may otherwise be forced into consular processing abroad, this creates difficult strategic choices. Consular processing may not be a realistic or safe option for some applicants given ongoing conditions in Ukraine and the broader region. As a result, adjustment strategy should be evaluated carefully on a case-by-case basis.
Asylum Remains Available — Even After One Year
Asylum continues to be a viable option for many Ukrainian nationals, even those who have been in the United States for more than one year. While asylum applications are generally subject to a one year filing deadline, legal exceptions exist, including:
- Changed circumstances
- Extraordinary circumstances
- Material changes in country conditions
Asylum may be granted based on:
- Nationality/ Ethnicity
- Race
- Political opinion (actual or imputed)
- Religion
- Membership in a particular social group
Our attorneys have extensive experience presenting Ukrainian asylum claims based on nationality‑based targeting, political opinion, particular social groups linked to Ukrainian identity or resistance, both past persecution and well‑founded fear of future persecution, and humanitarian asylum.
Important Work Authorization Update
Employment authorization based on a pending asylum application is now generally valid for up to 18 months, rather than the five‑year validity commonly issued in prior years.
Despite this change, a grant of asylum remains one of the strongest long‑term protections under U.S. immigration law, allowing asylees to apply for lawful permanent residence and, eventually, U.S. citizenship.
Why Early Legal Planning Is Now Essential
Given:
- Increased enforcement activity
- Termination of humanitarian parole upon issuance of NTAs
- Uncertainty surrounding TPS redesignation
- Shorter validity periods for work authorization
Delayed action can result in detention, loss of work authorization or limited legal options.
Early strategic planning allows Ukrainian nationals to:
- Layer protections (TPS + asylum + employment)
- Preserve work authorization
- Avoid gaps in lawful presence
- Reduce detention risk
Why Ukrainian Nationals Choose Harris Beach Murtha Cullina PLLC
Our Immigration Practice Group:
- Represents Ukrainian clients nationwide
- Provides services in Ukrainian
- Understands the legal and cultural complexities faced by Ukrainians displaced by war
- Develops individualized, forward looking immigration strategies
Attorneys Dana Bucin and Alona Voronova are committed to protecting Ukrainian clients from unnecessary risk and helping them secure lawful, long term status in the United States.
Contact Our Immigration Practice Group
If you are a Ukrainian national relying on humanitarian parole, TPS or another temporary status — or if you wish to pursue asylum or employment based permanent residence — you can receive a confidential consultation by reaching out to attorney Dana R. Bucin at (860) 240-6081 and dbucin@harrisbeachmurtha.com; attorney Alona Voronova at (860) 240-6063 and avoronova@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts, and Newark, New Jersey.