Ukraine and Sudan TPS After Oct. 19: Work Permits and I-9s

Ukraine and Sudan TPS did not end on Oct. 19. DHS says holders keep their protection and work authorization for now, but it has set no new end date, and employers still have no new document date to record.

Temporary Protected Status for Ukraine and Sudan reached its scheduled end date on Monday, Oct. 19, 2026, and passed it without a termination. The Department of Homeland Security instead announced that the roughly 101,000 Ukrainians and 1,800 Sudanese covered by the two designations remain protected from deportation until it decides what to do next. USCIS updated its Ukraine and Sudan TPS pages the same day to say a decision on each country “will be made at the appropriate time,” and that beneficiaries keep their protection, including work authorization, until then.

That answers the most urgent question for TPS holders: nobody lost status on Monday. What it does not answer is for how long, and the gap matters most for people trying to prove they can work. As covered Saturday, the government’s statement is not a Federal Register notice, does not extend any document’s printed date, and gives employers nothing new to put on a Form I-9.

What changed on Oct. 19, and what did not

Changed: DHS publicly confirmed that Ukrainian and Sudanese TPS holders retain protection past Oct. 19, rather than letting the designations lapse.
Not changed: DHS has not formally extended or terminated either designation, has not named a new end date, and has not announced a new automatic extension date for TPS-based employment authorization documents (EADs).
Still open: Whether the agency’s silence triggers the six-month automatic extension written into the TPS statute, discussed below.

Can Ukrainian and Sudanese TPS holders still work?

According to USCIS, yes. Its Oct. 19 update says beneficiaries retain work authorization while the decision is pending. The practical problem is paperwork. USCIS previously extended certain TPS-based EADs for Ukraine and Sudan through Oct. 19, 2026, for people with qualifying renewal applications, and that is still the latest date its Form I-9 guidance recognizes. No notice has pushed that date forward.

For workers, that means a card or notice showing Oct. 19 may look expired to an employer even though DHS says the underlying authorization continues. Keeping a printout of the USCIS TPS page for your country, along with your EAD, any I-797 receipt notices and prior extension notices, can help in a conversation with HR.

The six-month automatic extension argument

The TPS statute, INA Section 244(b)(3) (8 U.S.C. 1254a(b)(3)), requires DHS to review a designation at least 60 days before it expires and decide whether to extend or end it. If the agency does not make a timely determination, the statute says the designation is extended automatically for six months. For Ukraine and Sudan, the 60-day mark fell around Aug. 20, and six months from Oct. 19 would run to April 19, 2027.

What employers should do with Form I-9

Identify the affected group. Pull every Ukrainian and Sudanese TPS employee whose EAD or auto-extension runs to Oct. 19, 2026.
Do not rush to terminate. USCIS says these workers retain work authorization. Acting on an Oct. 19 date now could expose an employer to discrimination claims if DHS later confirms continued authorization.
Document the decision. Note in each file that the employer is relying on the Oct. 19 USCIS update, and save a dated copy of that page.
Watch two pages. The USCIS TPS pages for Ukraine and Sudan and the I-9 Central “Related News” page are where new dates will appear first.

What TPS holders should do now

Keep your documents together: EAD, I-797 notices, I-94 and a copy of the USCIS TPS page for your country.
Think carefully before traveling abroad. With the designation’s future unclear, leaving the United States, even with advance parole, carries more risk than usual. Get advice first.
Look at other options. TPS does not lead to a green card on its own. Asylum, family- or employment-based immigration, or other relief may be available depending on your history, and some have filing deadlines.
Watch for scams. Uncertainty brings offers of “guaranteed” extensions or new filings. USCIS announces TPS changes on uscis.gov and in the Federal Register, not by phone or social media message.

Why DHS held off

The Ukraine and Sudan announcement follows a pattern. About a month earlier, DHS used the same wording to keep protection in place for nearly 200,000 Salvadorans whose TPS was set to end Sept. 9, a case this site examined Saturday as a preview of how an open-ended reprieve works in practice. The administration has ended TPS for more than 1 million people from 13 countries, including Venezuela, Haiti and Afghanistan, so holding off on Ukraine and Sudan stands out. The decision also came two weeks before the Nov. 3 midterm elections.

Advocates welcomed the reprieve but called it a stopgap. Groups working with Ukrainian and Sudanese families argue that neither country is safe for return and that both meet the legal conditions for a full extension, and some are pressing Congress for a permanent path to residency.

Quick answers

Did Ukraine TPS end on Oct. 19, 2026? No. DHS said Ukrainian TPS holders keep their protection until it announces a decision.

Did Sudan TPS end on Oct. 19, 2026? No. The same announcement covers Sudanese TPS holders.

This article is for general information and is not legal advice. Facts are developing; this post will be updated when DHS publishes a formal decision.

Sources

Vasanth Vaidyanathan, Esq.

Administrator

Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds a LL.M. from California Western School of Law, San Deigo and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit: https://www.vnathan.com/

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