Immigrating to the U.S. is often a long and complicated process that requires attention to detail and a thorough understanding of the legal framework. For many Ukrainians in the U.S. under TPS (Temporary Protected Status), a recent change in immigration law has created an exciting opportunity to apply for a green card through the EB-1A visa without leaving the U.S. In this article, we will explain what this opportunity is, who can take advantage of it, and how it impacts your immigration status.
What is TPS (Temporary Protected Status)?
TPS is a temporary immigration status granted to nationals of certain countries who are unable to safely return home due to ongoing armed conflicts, natural disasters, or other extraordinary conditions. TPS provides protection from deportation and allows individuals to live and work in the U.S. for a designated period.
For Ukrainians, TPS was initially granted in response to the ongoing conflict that began in 2022, and it has been extended several times since. As of now, the TPS designation for Ukraine is valid until April 2025. However, it is important to note that TPS is temporary, and its extension beyond this date is uncertain.
‼️Recent Legal Changes for Ukrainians with TPS
Previously, individuals with TPS status in the U.S. were not able to apply for a green card without leaving the country if their immigration path was in most cases through the EB-1A visa. However, recent changes in U.S. immigration law have now made it possible for Ukrainians with TPS to apply for the EB-1A visa while remaining in the U.S. (if they entered the country legally: U4U, tourist visa, student visa and others). This is a significant development that provides an easier and safer pathway to permanent residency for those who meet the EB-1A qualifications.
Now, Ukrainians with TPS can apply for a green card through the EB-1A visa and complete the process without leaving the U.S., which significantly streamlines the immigration process and reduces potential risks.
Why is This Important for Ukrainians with TPS?
This legal update is crucial for several reasons:
1️⃣Staying in the U.S. Safely
There is no longer a need to leave the country and go through a consular interview abroad, which has always carried risks such as potential deportation or visa denials.
2️⃣ Simplifying the Process
Many Ukrainians under TPS might have faced difficulties when trying to return to Ukraine to complete the green card process. Now, with this update, they can bypass that step altogether.
3️⃣ Fewer Bureaucratic Hurdles
Applying for EB-1A status from within the U.S. eliminates the need to go to a U.S. embassy, which is often a lengthy and costly process.
4️⃣Achieving the Ultimate Goal — Permanent Residency
The EB-1A visa allows individuals to obtain a green card and secure permanent residency in the U.S. for themselves and their families.
What is the EB-1A Visa?
The EB-1A visa is an immigration category designed for individuals with extraordinary abilities in their respective fields, including science, arts, business, education, or athletics. This visa is highly sought after because it allows individuals to obtain a green card (permanent residency) in the U.S. without the need to go through a lengthy and often stressful interview process at a U.S. consulate abroad.
The EB-1A visa is particularly attractive because it does not require applicants to leave the U.S. for the interview and visa issuance, which often involves risks like delays or rejections.
Who Can Apply for EB-1A While in the U.S.?
To apply for the EB-1A visa, you must meet strict eligibility criteria, including demonstrating extraordinary abilities in one of the following fields:
🔹Science and Technology
If you have made significant contributions to your field, such as holding patents, publishing research papers, or receiving awards, you may be eligible for EB-1A.
🔹Arts and Culture
Artists, musicians, writers, actors, directors, and other creative professionals who have achieved significant recognition in their respective fields are also eligible.
🔹Athletics
Athletes who have achieved international recognition and received awards at major competitions can qualify for this visa.
🔹Business and Entrepreneurship
Individuals who have achieved success in business or entrepreneurial ventures and have been recognized for their contributions are also eligible for EB-1A.
How to Apply for EB-1A from the U.S.?
The process for applying for EB-1A from within the U.S. involves several key steps:
- Gathering Evidence
This includes providing documentation of your achievements, such as awards, publications, certification letters, and recommendation letters from recognized experts in your field. - Filing the I-140 Petition
You must submit an I-140 petition to USCIS (U.S. Citizenship and Immigration Services), which proves that you qualify for the EB-1A visa. This petition demonstrates your extraordinary abilities in your field. - Waiting for a Decision
After the petition is filed, USCIS will review the application. If approved, you will be eligible to apply for a green card. - Final Approval
Once your petition is approved, you can apply for permanent residency (a green card), and if granted, you can remain in the U.S. permanently.
What Risks Should Be Considered?
While these changes offer exciting new possibilities, it’s important to be aware of potential challenges:
🔴 Not Everyone Qualifies for EB-1A
The EB-1A visa is specifically for individuals with extraordinary achievements. If your qualifications do not meet the criteria, your application may be denied.
🔴 Processing Time
While the changes simplify the process, it may still take several months for USCIS to process your EB-1A petition. You will need to be patient and stay on top of your application status.
🔴 TPS Expiration
There is no guarantee that TPS will be extended beyond April 2025. If TPS expires, those who have not filed for EB-1A may face complications in their immigration status.
For Ukrainians with TPS who have achieved extraordinary accomplishments in their professional fields, the recent changes in U.S. immigration law offer a unique opportunity to apply for a green card through the EB-1A visa without leaving the U.S. This update simplifies the immigration process, eliminates the risks of traveling abroad, and provides a more stable and long-term path to permanent residency.
However, it’s important to understand the eligibility requirements for the EB-1A visa and to work with an experienced immigration attorney to ensure the success of your application. If you have any questions or need help navigating the application process, reach out to a trusted immigration lawyer who can assist you every step of the way.
