Sudan and Ukraine TPS Remain in Effect While Employers Await Formal DHS Guidance

Employers with employees working pursuant to Temporary Protected Status (TPS) from Sudan and Ukraine are facing an unusual compliance situation as DHS has not yet issued a formal decision regarding the future of Sudan’s and Ukraine’s TPS designation, similar to the situation with El Salvador TPS.

Sudan’s and Ukraine’s current TPS period had been scheduled to end on October 19, 2026. As of that date, however, DHS had not published a termination or extension notice in the Federal Register.

Instead, on October 18 and October 19, a DHS spokesperson stated to the media that final decisions would be made “at an appropriate time”. Late October 19, USCIS posted guidance for both Sudan and Ukraine stating the following:

“An announcement on Ukraine’s TPS will be made at the appropriate time. Until such announcement is made, Ukrainian individuals present in the U.S. under TPS retain protection including work authorization.”

“An announcement on Sudan’s TPS will be made at the appropriate time. Until such announcement is made, Sudanese individuals present in the U.S. under TPS retain protection including work authorization.”

Until such time as DHS issues any formal guidance in the Federal Register, Sudanese and Ukrainian TPS beneficiaries continue to retain TPS protections, including employment authorization. E-Verify also updated information on its site about Sudan and Ukraine stating that they retain protection including work authorization; however the website date was not updated (remains September 2, 2026). No guidance about the length of such continuation or protections and work authorization was provided by either USCIS or E-Verify.

While this provides important reassurance regarding continued status and work authorization, it leaves employers with a significant practical question:

How should continued employment authorization be documented for Form I-9 purposes?

At this time, USCIS, E-Verify, and SAVE have not provided updated expiration dates or specific Form I-9 instructions addressing this interim period.

Why the Timing Matters

The TPS statute requires DHS to periodically review whether the conditions supporting a country’s designation continue to exist. If DHS determines that the designation should end, termination generally cannot become effective earlier than 60 days after publication of the termination notice in the Federal Register. INA §244(b)(3)(B).

The statute also provides that when DHS does not determine that a country no longer satisfies the requirements for TPS, the designation continues for at least an additional six months, with DHS having discretion to extend it for 12 or 18 months instead. INA §244(b)(3)(C).

Recent DHS practice, however, demonstrates that a delayed announcement does not always lead to the same result.

For example, when Honduras TPS was scheduled to expire in July 2025, DHS announced the termination after the stated expiration date and provided a later effective termination date consistent with the statutory transition period.

By contrast, when DHS was unable to make the required determination regarding South Sudan by the statutory deadline in 2025, DHS expressly announced that the designation had been automatically extended for six months. The Federal Register notice also specifically addressed the continued validity of TPS-related employment authorization documentation.

The absence of comparable formal guidance for Sudan and Ukraine – as with El Salvador last month – is therefore creating uncertainty for employers.

What This Means for Employers

For now, employers should distinguish between two related, but separate, questions:

• Does the employee continue to have TPS and employment authorization? Current USCIS and E-Verify messaging indicates that Sudanese and Ukrainian TPS beneficiaries remain protected and authorized to work while DHS prepares its announcement.
• What documentation permits the employer to continue reflecting that authorization on Form I-9? That question remains less clear because DHS has not yet published updated I-9 instructions, EAD validity dates, or a Federal Register notice addressing the current period.

Employers therefore should be cautious about simply adding six months to an employee’s EAD expiration date or independently creating a new Form I-9 expiration date without government guidance specifically authorizing that treatment. Updates to Form I-9 should be made in coordination with immigration counsel.

Recommended Employer Actions

Employers with Sudanese and Ukrainian TPS employees should consider the following steps:

• Identify affected employees now. Determine which employees rely on TPS for Sudan or Ukraine and A12 or C19 employment authorization documentation.
• Do not assume the prior expiration date automatically requires termination of employment. Current government messaging indicates that TPS protection and employment authorization continue while DHS determines the next step.
• Avoid automatically extending Form I-9 documentation by six months without supporting guidance. Continued TPS protection does not necessarily answer how an employer should complete or update Form I-9, although there is strong support for interpreting DHS’ statements as a six-month extension.
• Document the employer’s decision-making process. Maintain copies of relevant USCIS and E-Verify guidance and note the basis for any temporary compliance approach taken while awaiting formal instructions.
• Monitor official government sources closely. Employers should watch the Federal Register, USCIS TPS guidance, E-Verify, and SAVE for updated expiration dates and Form I-9 instructions.
• Apply a consistent process. Any review or reverification activity should be driven by documented expiration dates and government guidance; not by nationality or assumptions regarding an employee’s immigration status.

A Word of Caution on the “Automatic Extension” Argument

Although INA §244(b)(3)(C) provides a statutory mechanism for extending a TPS designation when DHS does not determine that the country no longer satisfies the TPS requirements, employers should be careful about translating that statutory provision directly into an I-9 expiration date.

Historically, when DHS has relied on an automatic TPS extension, it has generally issued formal guidance addressing the designation and the associated employment authorization documentation. South Sudan is a recent example.

Here, DHS has not yet issued comparable documentation for Sudan and Ukraine. However, DHS has stated that protections remain in place and because they have not terminated the TPS designation the continuation of such supports an interpretation that the extension may be for a six-month period.

As a result, there is a distinction between concluding that an individual continues to possess employment authorization and determining what documentation an employer may rely upon under the Form I-9 rules to establish that continued authorization.

Bottom Line

TPS beneficiaries for Sudan and Ukraine currently remain protected and employment authorized, but employers are still waiting for the government to explain how that continuation should be documented for Form I-9 purposes.

Until DHS issues formal guidance, employers should avoid making assumptions about new expiration dates, preserve documentation supporting any interim compliance decisions, and work closely with immigration counsel when determining whether and how to continue employment for affected individuals.

WR Immigration continues to monitor DHS, USCIS, E-Verify, SAVE, and the Federal Register and will provide additional guidance as soon as formal instructions are issued. Please contact your WR team for any questions.