Since March 2022, Ukrainian citizens have gained access to two temporary protection programs in the U.S.: Uniting for Ukraine (U4U) and Temporary Protected Status (TPS). Both were created as emergency humanitarian responses to the start of the war in Ukraine. They allowed thousands of people to enter, legally remain, and work in the U.S.—but only for a limited time.
Since late 2024, many participants in the U4U and TPS programs have begun experiencing serious delays and disruptions when applying for re-parole or renewing work permits (EADs). Applications often sit with USCIS without progress, and approved documents, including EADs, frequently do not arrive on time. This creates a critical situation: people lose the legal right to work, and continuing to work without authorization can jeopardize future immigration prospects — including talent visas like O-1, employment-based categories like EB-1 or EB-2, and even tourist visas.
It’s especially important to understand that not all work permits are extended automatically. For example:
Important: if you continue working after your EAD expires — even as a freelancer, through an LLC, or on contract — you are technically violating immigration law. This can be used as grounds to deny a future visa or green card.
TPS and U4U are temporary measures, and as seen in other countries (like Nicaragua or El Salvador), they can be terminated at any time. The Republican administration led by Trump has already called for rolling back humanitarian protections and tightening immigration control. At the same time, these programs do not lead to permanent residency or citizenship. They offer a temporary reprieve — not a long-term solution.
Furthermore, to apply for high-level visas like O-1 or EB-1, it’s essential to maintain a clean immigration record. Working without authorization, missing deadlines, or changing status incorrectly can severely damage your chances of future immigration.
If you’ve applied for a re-parole extension or a work permit (EAD) but haven’t received your documents yet, you may be able to file an expedite request — especially if you have strong reasons, such as risk of job loss, caregiving responsibilities, health issues, and so on. Even if the request is denied, it’s crucial to plan your next steps in advance: for example, preparing to file an immigration petition or finding a legal way to remain in valid status without violating your terms of stay.
TPS does not provide permanent status and does not guarantee you’ll be allowed to stay in the U.S. once it ends. As soon as the TPS period ends, you return to the immigration status you had before applying. If you were originally admitted under the U4U program and your parole has expired, you effectively lose your status. That’s why it’s important to switch to a stable immigration path — such as O-1, EB-1, or EB-2 NIW — while your TPS is still valid.
This is one of the most confusing questions. Some Ukrainians in the U.S. open LLCs, freelance, or take on contract work, believing this is a workaround to the employment restrictions without a valid EAD. Some lawyers call it a "gray area" — arguing that if you’re not officially employed, the risks are lower. Others suggest avoiding bank withdrawals from the LLC to minimize signs of income.
However, USCIS’s position is clear: any income-generating activity without a valid work permit is considered unauthorized employment. It doesn’t matter whether the money comes from an employer, freelance clients, or a business you control — if you benefit financially, it qualifies as unauthorized work.
Even seemingly minor violations can result in denials of future visas or green card applications.
Since U4U and TPS do not grant permanent residency and their extensions depend on political decisions, it’s crucial for Ukrainian nationals to plan a long-term legalization strategy in advance. One of the most reliable solutions is to transition to a visa for highly qualified professionals — such as O-1, EB-1, or EB-2 NIW. These visas not only allow you to stay in the U.S. legally but also open a path to a green card. And don’t be discouraged by the word “extraordinary” in their descriptions — many professionals qualify if their experience, accomplishments, and contributions to their field are presented properly.
The O-1 visa is one of the most flexible and promising options for qualified professionals planning to stay in the U.S. It’s a nonimmigrant visa initially granted for up to 3 years and can be renewed an unlimited number of times. The O-1 falls under the "dual intent" category, meaning you can stay in the U.S. on this visa while actively pursuing a green card.
A key advantage of the O-1 visa is that it has no annual caps or lottery system, unlike the H-1B. You’re also not tied to a single employer: you can work through an agent, for multiple companies, or even launch your own startup in the U.S. This route is especially relevant for founders and entrepreneurs, who can register a legal entity (like a C-Corp), act as its executive, and obtain the visa as an employee of their own company.
To qualify for an O-1 visa, you must meet at least three out of eight criteria — such as winning professional awards, being featured in media, serving as a judge of others’ work, holding membership in prestigious associations, making original contributions to your field, earning a high salary, and others. The standards are high and require strong evidence of professional recognition. However, if you know what arguments truly matter to immigration officers — something that can be learned from past successful cases — your achievements can be framed in the most persuasive way. Depending on your field, you may apply for the O-1A (science, business, athletics) or O-1B (arts, film, entertainment) category.
Another unique benefit of the O-1 is tax flexibility. As long as you don’t spend more than 183 days a year in the U.S., you are not considered a U.S. tax resident and are only taxed on income earned within the country. This makes the visa especially convenient for those working with international clients.
You can also bring your family: spouses and children are eligible for O-3 visas, and creative professionals can sponsor team members under the O-2 visa. The O-1 can also be a stepping stone toward immigrant visas like the EB-1 or EB-2 NIW, and ultimately a green card.
The EB-1 visa is an immigrant visa category that grants you a green card and permanent resident status in the U.S. right away. Unlike the nonimmigrant O-1 visa, EB-1 does not require renewals or further steps: once approved, you and your family become permanent residents eligible to apply for citizenship in five years.
One of the major advantages of the EB-1 visa is complete independence from any employer. You don’t need a job offer, a sponsor, or ties to a specific company. This is especially valuable for founders, consultants, and professionals working on flexible or international contracts. With EB-1, you’re free to pursue your own career path, start a business, work for others, or even switch industries.
EB-1 petitions are processed quickly, without the long wait times or quotas seen in categories like EB-2 NIW. But this speed comes with high expectations: USCIS officers look for candidates with truly extraordinary achievements — scientific, commercial, or public. You must meet at least three out of ten criteria, such as receiving national or international awards, making original contributions to your field, being featured in the media, holding membership in prestigious associations, serving as a judge, earning a high salary, and more. The more criteria you meet, the stronger your petition.
As with the O-1 visa, success depends not only on what you’ve achieved but also on how you present it. It’s not enough to simply attach documents — you need to clearly demonstrate their relevance to your field and prove sustained recognition. Without experience preparing such petitions, it’s easy to misjudge what USCIS considers convincing evidence.
There’s also a trade-off: unlike O-1 holders, EB-1 green card recipients become U.S. tax residents upon arrival and must report worldwide income. This is something to consider when planning your overall strategy.
If you’re not sure whether to apply for EB-1 right away, a smart approach could be to first secure an O-1 visa and later transition to EB-1 and a green card. But if you’re ready to prove your level, EB-1 is a direct path to permanent status and full control over your career in the U.S.
The EB-2 NIW is an immigrant visa that allows you to obtain a green card without needing a job offer or going through labor certification. It is one of the most flexible pathways to permanent residence in the U.S. if you can have your degree evaluated and show that you hold a master’s degree or higher (or a bachelor’s degree plus five years of experience), or if you can demonstrate “exceptional ability” in your field — such as science, business, arts, or technology.
NIW stands for National Interest Waiver. This means the U.S. government can waive the labor certification requirement — a lengthy process where an employer must prove there are no qualified U.S. workers for the position — if you can clearly show that your work will provide substantial benefits to the country.
Unlike the EB-1 visa, which focuses on past achievements and public recognition, the EB-2 NIW emphasizes the future. You must convincingly demonstrate that your work will bring tangible value to the U.S. and align with its national interests.
The EB-2 NIW does not require a specific employer, is open to a wide range of professions, and does not demand media recognition or international fame like the EB-1. The requirements are more flexible, but you still need to prove:
In practice, this often involves submitting a business plan or project proposal outlining what you intend to do in the U.S., the anticipated outcomes, and why it matters.
The EB-2 NIW is an excellent choice for those planning a long-term career in the U.S. and willing to demonstrate the value of their work. The review process may take longer than the EB-1, and it requires a strategic approach to building a strong petition. However, the standards are more accessible, and approval rates are high: in 2023, over 80% of applications were successful.
Unlike European programs for skilled professionals — such as the UK’s Global Talent Visa and France’s Passeport Talent — U.S. visas require extensive legal and documentary preparation.
Your case must include everything: letters of recommendation, media coverage, business reports, PR materials, and expert opinions — often amounting to hundreds of pages. The process is highly formal, involving petition filing, a waiting period for adjudication, and sometimes a consular interview. Any mistake or inaccuracy can lead to denial.
In France and the UK, approval from a designated authority (such as Tech Nation, DGE, BPI, etc.) and a basic set of documents is usually enough. And startup-focused programs — the Innovator Founder visa in the UK and the Passeport Talent Projet Innovant in France — don’t require a record of past achievements at all, as long as you can present an innovative project with clear potential to benefit the country’s economy.
In the U.S., even if your project is strong, it must be framed as proof of your exceptional ability — and this needs to be done with legal precision.
An immigration attorney is essential for preparing your case in strict accordance with USCIS requirements — from completing forms (I-129 for O-1, I-140 for EB-1 and EB-2 NIW) to handling correspondence with the agency and responding to Requests for Evidence (RFE) on time.
The volume of materials can reach 500–700 pages for an O-1 visa and up to 2,500 pages for EB-1/EB-2. Without professional legal support, it’s easy to make a mistake that could delay or even derail the process entirely.
At Relogate, we work only with trusted immigration attorneys who have a strong track record of approved cases. We will match you with the right expert for your situation and ensure smooth collaboration throughout every stage of your application.
We guide you from the initial idea to an approved visa:
With Relogate, you reduce the risk of denial, save time, and gain confidence throughout your transition from TPS to a green card.
We don’t just handle paperwork — we help you build the best relocation strategy and secure approval.
Book a free consultation with us.
TPS status in the U.S. is valid only until October 19, 2026. The U4U program stopped accepting new applications and re-parole requests in January 2025. To stay in the country legally, you should:
Don’t wait — building a strong case can take months. At Relogate, we’ll help you get there faster and with greater confidence.
