As the United States continues to navigate the complexities of its immigration policies, Ukrainians, like many other nationalities, are confronted with uncertainty regarding their status in the country. With the Trump administration’s previous efforts to end Temporary Protected Status (TPS) for several countries, including some in Central America, there is ongoing concern about the future of TPS holders from Ukraine. However, even if TPS is terminated or further restricted, there are still multiple immigration pathways available for Ukrainians seeking to live, work, or permanently settle in the United States.

This article outlines several key visa and immigration options—E-2, EB-1, NIW, PERM, and asylum—that Ukrainians may consider as alternatives to TPS in the U.S.

1. E-2 Treaty Investor Visa

The E-2 Treaty Investor visa is a nonimmigrant visa that allows foreign nationals from countries with a qualifying treaty of commerce and navigation with the U.S. to enter the country to invest in and manage a business. Ukraine is one such country eligible for the E-2 visa.

Eligibility Requirements:

The applicant must be a national of a country that has a treaty with the U.S. (Ukraine qualifies).

The applicant must be investing a substantial amount of capital in a U.S.-based enterprise. Usually at least $100,000 or more. Lesser investment amount could be acceptable depending on the type of business.

The business must be an active, for-profit enterprise, and the applicant must be entering the U.S. to develop and direct the business.

Key Advantages:

The E-2 visa can be renewed indefinitely as long as the business is operational and continues to meet the requirements.

It allows the visa holder to work legally in the U.S. for their enterprise, including hiring employees.

Spouses of E-2 visa holders are employment authorized.

The E-2 visa provides an excellent opportunity for Ukrainians who are entrepreneurs or investors looking to establish or expand a business in the U.S.

2. EB-1 Employment-based Green Card

The EB-1 is an employment-based immigrant visa category that leads to a green card (permanent residency) and is designed for individuals with extraordinary abilities in specific fields, such as sciences, arts, education, business, or athletics.

EB-1 Categories:

EB-1A: For individuals with extraordinary ability in their field (e.g., athletes, scientists, artists).

EB-1B: For professors or researchers pursuing tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.

EB-1C: For multinational managers and executives transferring from abroad to a related company in the United States.

Eligibility:

To qualify for the EB-1A, the applicant must provide evidence of achievements that demonstrate extraordinary ability in their field, such as awards, published work, or a high salary. This category permits self-petitioning without a U.S. employer.

The EB-1B is designed for professors or researchers pursuing tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.

EB-1C category is for individuals who work in managerial roles at multinational corporations.

Key Advantages:

The EB-1 is a “first preference” employment-based green card, which means it typically has a faster processing time compared to other employment-based green card categories.

Applicants do not need a job offer or employer sponsorship for EB-1A, making it a particularly appealing option for self-employed individuals or those with recognized achievements.

For Ukrainian nationals with extraordinary talent or those occupying high-level roles in multinational organizations, the EB-1 offers a direct route to permanent residency in the U.S.

3. National Interest Waiver (NIW)

The National Interest Waiver (NIW) allows foreign nationals with advanced degrees or exceptional abilities in fields that benefit the national interest of the U.S. to bypass the traditional labor certification process (PERM) and apply directly for a green card.

Eligibility:

The applicant must possess either an advanced degree (master’s or higher) or demonstrate exceptional ability in fields such as science, technology, business, or education.

The applicant must prove that their work is of substantial merit and national importance, that they are well-positioned to advance the proposed endeavor and that waiving the job offer and labor certification requirement would benefit the U.S. economy, healthcare, education, or similar sectors.

Key Advantages:

The NIW allows for self-petitioning, meaning the applicant does not need an employer to sponsor them.

It provides a direct path to a green card without the need for labor certification (a lengthy and complicated process).

NIW petitions typically have faster processing times than other employment-based green card categories.

For Ukrainian professionals in fields such as IT, healthcare, or academia, the NIW can be an excellent pathway to U.S. permanent residency.

4. PERM Labor Certification

The PERM Labor Certification process is a common way for foreign workers to obtain a green card through employment. Unlike the EB-1 and NIW, PERM requires employer sponsorship and the completion of a labor certification process to demonstrate that there are no qualified U.S. workers available for the position.

Eligibility:

The foreign worker must be offered a fulltime, permanent job by a U.S. employer.

The employer must show that they have a vacancy that cannot be filled by willing, able and qualified U.S. workers.

The foreign worker must meet the job requirements as specified by the employer.

U.S. employer must have an ability to pay the wage.

Key Advantages:

Once PERM is approved, the foreign worker can proceed to the next steps in the green card process, which include filing an employment-based immigrant petition and adjusting status to permanent resident.

While the PERM process can be lengthy and complex, it remains a solid option for Ukrainians with specialized skills or qualifications that are in demand in the U.S.

5. Asylum

For individuals who fear persecution in their home country based on factors such as race, religion, nationality, membership in a particular social group, or political opinion, seeking asylum in the United States can be an option. This is particularly relevant in light of the ongoing conflict in Ukraine, as many Ukrainians have been displaced due to the war.

Eligibility:

The applicant must be able to demonstrate a well-founded fear of persecution in their home country.

Asylum seekers must apply within one year of entering the U.S., unless they can show changed circumstances or extraordinary circumstances that justify a delay in filing.

Key Advantages:

Asylum seekers can remain in the U.S. while their application is processed, and if granted asylum, they can eventually apply for permanent residency (a green card).

Asylum grants work authorization, allowing the individual to work legally in the U.S. while their case is pending.

In the current geopolitical context, asylum is a crucial option for many Ukrainians fleeing war or persecution.

While uncertainty around the future of TPS and other temporary programs remains, Ukrainians seeking to live and work in the U.S. have several viable immigration options. Whether through entrepreneurial avenues like the E-2 visa, employment-based green card categories like EB-1 or NIW, labor certification through PERM, or asylum due to war and persecution, there are multiple pathways to securing a U.S. visa, work authorization, or permanent residency. Navigating these options can be complex, but the opportunities available to Ukrainians remain robust and varied.

For those interested in exploring these options, it is highly recommended to consult with an experienced immigration attorney who can provide tailored guidance based on individual circumstances and goals.