A few hours ago, Ukrainians in the United States got some very welcome news from the United States Department of Homeland Security (DHS): Ukraine has been added to the list of countries whose citizens in the United States are now eligible for Temporary Protected Status (TPS), a form of temporary protection that comes with temporary permission to work as well.

The TPS designation for Ukraine is for eighteen (18) months and applies to Ukrainians who entered the United States before March 2, 2022. In announcing that Ukraine had been designated for TPS, U.S. Secretary of Homeland Security Alejandro Mayorkas stated that “Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries.” He further said that “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”

DHS will shortly publish an official notice in the Federal Register with specific instructions for how Ukrainians can apply for TPS. For now, everyone should know that persons with TPS are also allowed to apply for a work permit, or “Employment Authorization Document” (EAD). Applicants must meet all eligibility requirements and undergo security and background checks. A TPS application is made by filing out a Form I821 and filing it online or mailing it to United States Citizenship and Immigration Services (USCIS) with the required supporting documents and fees. See this link for the instructions. Filing online is highly recommended for faster processing.

Who might benefit from this new TPS designation? Most often, it will be a Ukrainian who entered the United States before March 2, 2022 on a visitor’s visa (B1/B2) or a student visa (F-1) or perhaps an exchange visitor visa (J-1). But any Ukrainian who is in the United States right now is potentially eligible, if he or she came to the United States any time before the cut-off date. Because United States immigration law can be quite complex, make an appointment with a qualified immigration lawyer if you want legal advice on the requirements and whether you or someone you know might be eligible.

Ukrainians still in Ukraine or fleeing to neighboring countries are the ones who most need help at the moment, but they will not be eligible for TPS because of the cut off date. This is an important limitation on this form of benefit. Someone who fled Ukraine a few days ago but is still not in the United States will not be eligible for TPS. Those persons, however, may be eligible to come to the United States eventually through an overseas refugee process.

United States Immigration & Customs Enforcement (ICE) also has announced a temporary moratorium on deportation flights to nine (9) European countries: Russia, Belarus, Georgia, Hungary, Moldova, Poland, Romania, Slovakia, and Ukraine. This temporary moratorium means that people from those countries who have been ordered deported will not actually be put on a flight back to their countries until the moratorium ends.

Margaret Stock is an immigration attorney with Cascadia Cross Border Law Group in Anchorage, Alaska. She is a retired army lieutenant colonel. In 2013, she was named a MacArthur Foundation Fellow for her work on immigration and national security. Last week, she was named a Leader at the Council on National Security and Immigration (CNSI).