Ukraine Crisis – Visa Options

Visitor Visa (B-1/B-2)

• Ukrainian nationals may apply at any U.S. Embassy or Consulate abroad for an emergency B1/B2 visa request. Backlog can be bypassed, and an appointment can be scheduled within days of the application. Please note that there may be a backlog for emergency appointments with an average wait time of 14-30 days.

• Key Factor: Proving Non-Immigrant Intent and Stay on a Temporary Basis

  • The applicant needs to establish that he or she will come back to Ukraine by demonstrating ties to Ukraine and defining a concrete purpose of entering the United States with a well-defined timeframe. We have seen medical and business reasons being successful.

  • A well-prepared case with strong evidentiary support can win at any consulate. A visitor coming to the U.S. must show that they have sufficient funds to live on and will not work in the U.S.

  • Application Cost: $160 per Applicant

  • Additional Requirement: The visitor must be properly vaccinated per CDC requirements.

Temporary Protected Status

• Department of Homeland Security (DHS)

  • Secretary Alejandro Mayorkas announced that Ukraine will be designated for Temporary Protected Status (TPS) in a forthcoming Federal Register (FR)Notice.

  • To be considered eligible for TPS, Ukrainian nationals must have continuously resided in the United States before March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS.

  • Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming FR Notice.

• Employment Authorization Document (EAD)

  • The FR Notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD).

  • The average wait time for EAD adjudication is 2-8 months and there are associated fees with filing the application (Keep in mind, parolees are admitted for a total of 12 months stay. While expediting request options are available, the majority of the requests are rejected, a wide discretion from the agency in adjudicating these)

Humanitarian Parole

• The United States Borders of Mexico and Canada

  • According to people who have crossed, American officials are allowing Ukrainians fleeing the Russian invasion of their homeland to enter the United States and stay without fear of deportation for a year.

  • U.S. authorities are granting one-year temporary “humanitarian parole” to Ukrainians.

• Work Authorization in the United States

  • US Citizenship and Immigration Services (USCIS): “Parolees are not entitled to employment authorization solely because they are paroled into the United States, but instead must establish eligibility and apply for employment authorization.”

U.S. Department of Homeland Security Notes: All parole decisions at the borders are made on a case-by-case basis.

Immigrant Visa Options

• U.S. Consulate General in Frankfurt, Germany

  • The U.S. Consulate General in Frankfurt, Germany, is Currently Processing all Ukrainian Visa Applications: Student (F-1); Work Visas; Ukrainian Immigrant (IV); Diversity Immigrant Lottery-2022 (DV); Fiancé/e (K-1)

  • All Ukrainian IV, DV, and K-1 Cases are Treated as Urgent!

  • Frankfurt is processing Ukrainian cases on a first-in, first-out basis and is not granting individual expedite requests, except in rare instances such as an immediate life-threatening medical condition that can be treated only in the U.S.

• Transfers Visa Application from Frankfurt Elsewhere

  • If a person has an approved I-130 petition that is pending processing at the National Visa Center (NVC) and wants to transfer it to another location (not Frankfurt), they may request a transfer from NVC.

  • If a person transfers their application from Frankfurt elsewhere, they will be required to interview in the languages offered by the new consulate. For example, in Warsaw, Poland, the languages offered are Polish, English, and Russian; however, it is only Italian and English, in Rome, Italy.

• I-130 Immigrant Petitions

  • If a person has not yet filed a petition but wishes to do so, they may contact U.S. Consulate General in Frankfurt at frnuscisinquiries@state.gov to request local filing in Frankfurt, Germany.

  • The U.S. Consulate General in Frankfurt is only accepting I-130 petitions filed by U.S. citizens on behalf of a spouse, child(ren) under age 21, or parent(s). The petitioner must be physically present in Germany to file the I-130, and the beneficiary/applicant must personally appear for an immigrant visa interview once the I-130 has been approved.

  • Please note that an individual may file an I-130 at any consulate, not only Frankfurt, Germany.

Developing Updates To Follow

• The United States of America

  • The White House announced that the United States plans to welcome up to 100,000 Ukrainians and others fleeing Russia’s invasion through the full range of legal pathways, including the U.S. Refugee Admissions Program.

  • View the statement issued by the White House on March 24, 2022. Further details are expected to be announced shortly

• Canada

  • Immigration, Refugees, and Citizenship Canada (IRCC) is introducing new immigration streams for Ukrainians who want to come to Canada temporarily or permanently.

Additional Visa Options and Information

• Other Possible U.S. Visa Options

  • E-2 Investor

  • F-1 Student

  • H-1B Professional Worker

  • L-1 Intra-Company Transfer

  • O-1 Extraordinary Ability

• Further Reading

  • The National Law Review – U.S. Visas for Ukrainians and Russians: Navigating the Maze

Disclaimer | The information contained in this website is provided for informational purposes only and should not be construed as legal advice on any matter. The information contained in the website is based on the Immigration and Nationality Act (H.R. 2580; Pub.L. 89–236, 79 Stat. 911, enacted June 30, 1968) 8 U.S.C. §§ 1 – 1778, and United States customs law 19 U.S.C. §§ 1 – 4454.

The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

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