USCIS Extends Ukraine and Sudan TPS EADs Through October 19 for Renewal Applicants
Updated: Aug 15
WASHINGTON, August 15, 2026 — U.S. Citizenship and Immigration Services (USCIS) has extended work authorization through October 19, 2026 for Ukraine and Sudan Temporary Protected Status (TPS) employment authorization document (EAD) renewal applicants who remain eligible for TPS but have not yet received their renewed EADs.
The extension matches the existing TPS designation expiration dates for both countries, scheduled to end on October 19, 2026.
Which EADs Are Covered by This Extension?
The automatic extension applies to TPS-based EADs with specific expiration dates:
Country | Eligible EAD Expiration Dates |
Ukraine | April 19, 2025, or October 19, 2023 |
Sudan | April 19, 2025; June 30, 2024; December 31, 2022; October 4, 2021; January 4, 2021; January 2, 2020; April 2, 2019; November 2, 2018; or November 2, 2017 |
Affected beneficiaries must have a pending TPS-based EAD renewal application and remain eligible for TPS. USCIS is sending notices of the extension to affected beneficiaries by mail and electronically to those with a myUSCIS online account.
The Legal Backdrop: A Contentious Timeline
The extension comes after weeks of legal uncertainty for TPS beneficiaries from Ukraine, Sudan, and El Salvador.
H.R. 1 and the One-Year Cap
In July 2025, Congress enacted the One Big Beautiful Bill Act (H.R. 1), which reduced the TPS-based EAD validity to one year, down from the prior 540-day automatic extensions.
The July 22 Deadline
Employment authorization for many TPS beneficiaries with pending EAD renewal applications was due to expire on July 22, 2026, under the government's interpretation of H.R. 1. This interpretation retroactively applied the one-year cap to previously issued 540-day auto-extensions.
Court Challenges
The Venezuelan Association of Massachusetts v. USCIS lawsuit challenged the government's retroactive interpretation, arguing that it impermissibly shortened TPS employment authorization previously granted to affected beneficiaries.
Date | Event |
July 21, 2026 | District court temporarily ruled in plaintiffs' favor, preserving prior EAD expiration dates |
August 5, 2026 | Court upheld the government's interpretation and declined to enjoin the retroactive EAD cap |
The August 5 decision effectively allowed employment authorization to lapse for affected TPS beneficiaries. USCIS has now effectively revived employment authorization for Ukraine and Sudan TPS EAD renewal applicants with this new automatic extension through October 19, 2026.
Employer I-9 and E-Verify Guidance
Employees with a pending Ukraine or Sudan TPS-based EAD renewal application can present the following documents as proof of employment authorization through October 19:
Required Document | Details |
Expired EAD | Must have one of the eligible expiration dates listed above |
USCIS Notice | The notice extending their EAD (received by mail or electronically) |
Form I-9 Instructions
When completing Form I-9, employers should:
Enter "October 19, 2026" as the expiration date of employment authorization
Enter a note in the "Additional Information" section of Form I-9 indicating the automatic EAD extension under the TPS Ukraine/Sudan Extension
E-Verify Instructions
When finalizing a case in E-Verify, employers need to input "October 19, 2026" as the expiration date.
What Happens Next for TPS Designations
Ukraine and Sudan's TPS designations are set to expire on October 19, 2026.
It remains uncertain if DHS will renew the TPS program for these countries.
Related News
Quick Reference Summary
Aspect | Details |
Extension Date | October 19, 2026 |
Affected Countries | Ukraine and Sudan |
Eligible EAD Expiration Dates (Ukraine) | April 19, 2025, or October 19, 2023 |
Eligible EAD Expiration Dates (Sudan) | Multiple dates (see list above) |
Legal Basis | USCIS notice under TPS designation expiration date |
I-9 Expiration Entry | "October 19, 2026" |
E-Verify Expiration Entry | "October 19, 2026" |
TPS Designation End Date | October 19, 2026 |
For the latest U.S. immigration updates, TPS policy changes, and 2026 developments worldwide, visit: visasupdate.com/blog/category/usa
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