Since publication of our June 2026 article, Legal Options for Ukrainian Nationals to Stay in the United States in 2026, United States Citizenship and Immigration Services (USCIS) has issued new guidance affecting Ukrainian nationals with Temporary Protected Status (TPS). We have also observed a developing trend in humanitarian re-parole adjudications.
Update #1: USCIS States Ukrainians with TPS Retain Protection and Work Authorization
On October 20, 2026, the USCIS Ukraine TPS webpage was updated with the following alert:
“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.”
This announcement is welcome news for many Ukrainians who were concerned about the October 19, 2026, TPS designation date.
However, an important practical issue remains unresolved.
Although USCIS states that Ukrainian TPS beneficiaries continue to retain protection and work authorization, USCIS has not yet issued updated Form I-9, E-Verify, or SAVE guidance explaining how employers and government agencies should document or verify that continued employment authorization. As a result, many Ukrainians may still encounter practical difficulties when employers attempt to verify work authorization or when individuals seek to renew driver’s licenses or complete other government verification processes.
We also are aware of reports from members of the Ukrainian community who have successfully resolved E-Verify mismatches by using the MyE-Verify Self Check system, uploading TPS-related documentation, and contacting DHS using the number provided through the system. While individual experiences may vary and this is not official USCIS guidance, Ukrainians experiencing verification issues may wish to explore this option.
Employers: Do Not Assume Work Authorization Has Ended
Employers should not assume a Ukrainian employee has lost work authorization simply because TPS-related documentation appears to have expired or because uncertainty exists regarding current TPS guidance. Some employees may have alternative employment authorization, while others may be affected by USCIS’s recent announcement stating that Ukrainian TPS beneficiaries retain protection, including work authorization, until further notice. Employers should seek individualized legal advice before making employment decisions that could affect a worker’s continued employment. USCIS TPS Ukraine currently states: “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.”
Ukrainian employees may have several overlapping temporary immigration protections or avenues for employment authorization, including Ukrainian Humanitarian Parole, TPS, and pending asylum applications. However, employers should not necessarily rely on temporary protections as a long-term workforce strategy. Where an employee is eligible, particularly in occupations experiencing shortages of qualified U.S. workers, we strongly encourage employers to consider employment-based green card sponsorship. Permanent residence offers significantly greater long-term security against changes in temporary immigration programs and government policy.
Update #2: Re-Parole Applicants Should Submit Financial and Health Insurance Evidence
Our office has recently observed Requests for Evidence (RFEs) in certain Ukrainian re-parole cases involving significant medical conditions and ongoing health care needs.
In some recent cases, USCIS issued RFEs citing “Insufficient Proof of Urgent Humanitarian Reasons and/or Significant Public Benefit.”
Although these RFEs did not specifically request proof of private health insurance, financial resources, or ability to pay future medical expenses, our experience suggests that such evidence may help strengthen medically based re-parole requests. In particular, applicants relying on ongoing medical conditions may wish to provide a more complete picture of their circumstances, including how they will continue receiving treatment and support while remaining in the United States.
For this reason, applicants whose re-parole requests rely heavily on medical concerns should consider including:
- Evidence of private health insurance or employer-sponsored health insurance;
- Proof of employment and income;
- Evidence of family financial support;
- Bank statements or savings; and
- Documentation showing stable housing, caregiver support and living arrangements.
Providing this evidence with the initial filing may help strengthen the overall humanitarian showing and reduce the likelihood of additional requests for evidence.
Update #3: Do Not Overlook the Diversity Visa Lottery
Ukrainian nationals should also keep an eye on upcoming Diversity Visa (“Green Card Lottery”) registration periods, which are traditionally announced by the U.S. Department of State in the fall. The Diversity Visa Program remains an important potential pathway to permanent residence for many Ukrainians. However, individuals currently present in the United States in TPS, humanitarian parole or other temporary statuses should seek legal advice promptly if selected, as determining whether to pursue adjustment of status in the United States or immigrant visa processing abroad can involve complex legal and strategic considerations. Diversity Visa cases are also subject to strict annual deadlines that cannot be extended.
Questions About TPS, Work Authorization or Re-Parole?
Attorneys Dana R. Bucin and Alona Voronova regularly assist Ukrainian nationals with TPS matters, work authorization issues, humanitarian parole and re-parole applications, family-based immigration, employment-based immigration and removal defense. Attorney Alona Voronova is fluent in Ukrainian, and our immigration team includes Ukrainian-speaking staff members who can assist clients throughout the immigration process in Ukrainian. Both attorneys are actively involved in supporting the Ukrainian community through the Connecticut for Ukraine Refugee Matching Program, a humanitarian initiative that originated following Attorney Bucin’s trip to the Tijuana-San Diego border in April 2022 to assist Ukrainians fleeing the war and seeking refuge in the United States.
If you need assistance, please reach out to attorney Dana R. Bucin at (860) 240-6081 and dbucin@harrisbeachmurtha.com; attorney Alona Voronova at (860) 240-6063 and avoronova@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts; Providence, Rhode Island; and Newark, New Jersey.
