Questions have emerged regarding whether Ukraine’s Temporary Protected Status (TPS) has automatically extended through April 19, 2027, due to the Department of Homeland Security’s (DHS) failure to publish a timely determination in the Federal Register. The issue stems from a statutory provision governing DHS’s review and renewal of TPS designations.
For background, the current TPS designation for Ukraine was extended in January 2025. That 18-month extension became effective on April 20, 2025, and is scheduled to expire on October 19, 2026.
On August 14 and September 3, USCIS issued alerts stating that Ukraine’s TPS designation and related benefits are set to terminate on October 19, 2026. However, DHS has not published a Federal Register notice formally extending or terminating Ukraine’s designation.
As a result, some immigration practitioners have argued that TPS for Ukraine was automatically extended for six months, through April 19, 2027, under Section 244(b)(3)(C) of the Immigration and Nationality Act (INA). Their position is based on the statute’s requirement that DHS make a determination on TPS designation at least 60 days before the designation’s expiration date. Because the October 19, 2026 expiration date set the deadline for August 20, 2026, they contend that the absence of a timely Federal Register notice triggered the statute’s automatic six-month extension provision.
Under the INA, if the DHS Secretary does not make a final decision to extend or terminate a TPS designation at least 60 days before it expires, the designation is automatically extended for six months by operation of law. From a statutory perspective, this provision serves as a safeguard to prevent a TPS designation from expiring while DHS completes its review process.
Nevertheless, USCIS’s public messaging has continued to reference October 19, 2026, as the termination date. In addition, employment authorization raises a separate concern. USCIS typically issues specific guidance regarding Employment Authorization Documents (EADs), and prior TPS-related notices have expressly extended work authorization to ensure continued employment eligibility while administrative processing was underway.
Accordingly, employers should proceed cautiously before relying on the automatic-extension argument for employment verification purposes. While the statutory interpretation supporting an extension to April 19, 2027, may have merit, USCIS has not yet issued corresponding guidance regarding employment authorization. Until further clarification is provided, October 19, 2026, appears to remain the more reliable date for I-9 compliance and work authorization purposes.
DHS will still need to issue a final determination regarding Ukraine’s TPS designation before April 19, 2027, including whether to terminate the designation or grant a standard extension. Employers should monitor future DHS and USCIS announcements closely for additional guidance.
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