Ukrainian Eligibility for Selected Benefits Based on Immigration Status: In Brief

Ukrainian Eligibility for Selected Benefits Based on Immigration Status: In Brief

Ukrainian Eligibility for Selected Benefits
Based on Immigration Status: In Brief
Updated November 29, 2022
Congressional Research Service
https://crsreports.congress.gov
R47290

Ukrainian Eligibility for Selected Benefits Based on Immigration Status: In Brief

ollowing Russia’s invasion of Ukraine on February 24, 2022,1 there has been congressional
interest in the types of U.S. immigration statuses that are, or could be, options for
F Ukrainian nationals already in the United States or who wish to come to the United States
(temporarily or permanently), and the benefits those statuses provide. This In Brief report outlines
eligibility for select public benefits based on the following immigration categories:
 Refugees are persons outside of their home countries who are unable or
unwilling to return because of persecution, or a well-founded fear of persecution,
on account of race, religion, nationality, membership in a particular social group,
or political opinion.2 One year after arriving in the United States as refugees, they
are required to apply to adjust their immigration status to become lawful
permanent residents (LPRs).3 Refugees are eligible for most federal public
benefits4 as well as refugee-specific benefits.
 Asylees are foreign nationals who fled their home countries because of
persecution, or a well-founded fear of persecution, on account of race, religion,
nationality, membership in a particular social group, or political opinion.5 What
differentiates refugees from asylees is that refugee applicants are outside the
United States, while applicants for asylum are physically present in the United
States or at a land border or port of entry. After one year in asylee status, they
may apply to adjust their immigration status to become LPRs. (Unlike refugees,
this is not a requirement.) Asylees are generally eligible for benefits to the same
extent as refugees.
 Parolees are noncitizens granted permission to enter or remain temporarily in the
United States for urgent humanitarian reasons or significant public benefit.6
Immigration parole is granted on a case-by-case basis. Unlike refugees and
aslyees, parolees do not have a prescribed path to permanent legal status.
However, they may apply for asylum or to adjust to LPR status via other
mechanisms (e.g., family-based or employment-based categories), if otherwise
eligible. Those granted parole for more than one year are eligible for certain
public benefits, subject to restrictions. For Ukrainians, there is a special type of
parole:
 Ukrainian Parolees are Ukrainians7 paroled into the United States between
February 24, 2022, and September 30, 2023.8 Like general parolees, they do

1 For more information, see CRS Report R47054, Russia’s 2022 Invasion of Ukraine: Related CRS Products.
2 Immigration and Nationality Act (INA) §101(a)(42)(A). This definition conforms with the definition used in the
United Nations 1951 Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status of
Refugees. For more information, see CRS Report RL31269, Refugee Admissions and Resettlement Policy.
3 LPRs are noncitizens permitted to live in the United States permanently (also referred to as green card holders).
4 For more information, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy
Overview.
5 The INA, as amended, provides for the granting of asylum to a noncitizen who applies for such relief in accordance
with applicable requirements and is determined to be a refugee (8 U.S.C. §1158). For more information, see CRS
Report R45539, Immigration: U.S. Asylum Policy.
6 8 U.S.C. §1182(d)(5). Unlike asylum and refugee admissions, parole does not constitute formal admission under the
U.S. immigration system. However, a parolee is permitted to remain in the United States for the duration of the grant of
parole and may be granted work authorization. For more information, see CRS Report R46570, Immigration Parole.
7 Included in this group are non-Ukrainians who habitually resided in Ukraine.
8 Included in this group are those paroled after September 30, 2023, who have a qualifying family connection (e.g.,
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link to page 5 Ukrainian Eligibility for Selected Benefits Based on Immigration Status: In Brief

not have a prescribed path to LPR status. The Additional Ukraine
Supplemental Appropriations Act, 2022 (P.L. 117-128, Title IV, §401)
provided Ukrainian parolees with benefits to the same extent as refugees
(with the exception of the initial resettlement program [i.e., the State
Department’s Reception and Placement Program]) until the end of their
parole term.9
 Temporary Protected Status (TPS) recipients are noncitizens living in the
United States who have been granted temporary relief from removal due to
armed conflict, natural disaster, or other extraordinary circumstances in their
home countries that prevent their safe return.10 The Secretary of the Department
of Homeland Security (DHS) may designate a country for TPS for periods of 6 to
18 months, and this period can be extended if the country continues to meet the
conditions for designation. Nationals of that country who meet the criteria (e.g.,
the date by which an individual must have continuously resided in the United
States, as specified by the DHS Secretary) can apply for TPS. TPS recipients are
ineligible for most public benefits, except for some emergency services.11
In the wake of Russia’s invasion of Ukraine, the executive branch has provided certain temporary
options for Ukrainian nationals to reside in the United States. On April 19, 2022, the DHS
Secretary designated Ukraine for TPS.12 This designation allows Ukrainian nationals13 to apply
for TPS if they have continuously resided in the United States since April 11, 2022, and have
been continuously physically present in the United States since April 19, 2022. On April 21,
2022, President Biden announced Uniting for Ukraine.14 Through this program, Ukrainians
outside the United States can be granted immigration parole for up to two years. To participate in
the Uniting for Ukraine program, the beneficiaries must have a financial supporter in the United
States.15 In addition, Ukrainian nationals outside of the United States can apply for refugee status
and those within the United States or at U.S. ports of entry can apply for asylum.
Table 1 outlines the eligibility of those who have received certain immigration statuses for
selected public benefits (listed below). In addition to meeting certain immigration status

child, spouse, legal guardian, primary caregiver, or parent of specified individuals).
9 According to the Department of Homeland Security (DHS), Ukrainian parolees will “generally be [granted parole] for
a term of up to two years.” See DHS, “Implementation of the Uniting for Ukraine Parole Process,” 87 Federal Register
25040.
10 8 U.S.C. §1254a. For more information, see CRS Report RS20844, Temporary Protected Status and Deferred
Enforced Departure.
11 Exceptions are outlined in 8 U.S.C. §1611(b) and include treatment under Medicaid for emergency medical
conditions (other than those related to an organ transplant); short-term, in-kind emergency disaster relief; and services
or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelters) designated by the
Attorney General as (1) delivering in-kind services at the community level, (2) providing assistance without individual
determinations of each recipient’s needs, and (3) being necessary for the protection of life and safety.
12 For more information, see U.S. Citizenship and Immigration Services (USCIS), Temporary Protected Status
Designated Country: Ukraine, at https://www.uscis.gov/humanitarian/temporary-protected-status/TPS-Ukraine; and
DHS, “Designation of Ukraine for Temporary Protected Status,” 87 Federal Register 23211.
13 Or individuals with no nationality who last habitually resided in Ukraine.
14 For more information, see USCIS, Uniting for Ukraine, at https://www.uscis.gov/ukraine; and DHS,
“Implementation of the Uniting for Ukraine Parole Process,” 87 Federal Register 25040.
15 Supporters must file Form I–134, Declaration of Financial Support, and demonstrate that they can financially
support the parolee for the duration of their stay in the United States. For more information, see USCIS, Uniting for
Ukraine, “Who Can be a Supporter for a Beneficiary Under Uniting for Ukraine,” at https://www.uscis.gov/ukraine.
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Ukrainian Eligibility for Selected Benefits Based on Immigration Status: In Brief

requirements, individuals must meet numerous additional criteria (e.g., income requirements) in
order to qualify for certain benefits. This report does not discuss the other criteria that a
noncitizen must meet to be eligible for these programs.16
The selected benefits for which Ukrainians with certain immigration statuses may be eligible
include the four major means-tested public benefit programs as well as refugee-specific benefits:
 Medicaid is a joint federal-state program that finances the delivery of primary
and acute medical services, as well as long-term services and supports, to low-
income populations, including children, pregnant women, adults, individuals with
disabilities, and people aged 65 and older.17
 The Supplemental Nutrition Assistance Program (SNAP) provides benefits to
low-income, eligible households on an electronic benefit transfer card; benefits
can then be exchanged for foods at authorized retailers.18
 Temporary Assistance for Needy Families (TANF) block grants to states fund a
wide range of benefits and services for low-income families with children (e.g.,
work and training programs, child care, and pre-kindergarten programs, among
other things).19
 Supplemental Security Income (SSI) is a federal assistance program that
provides monthly cash payments to aged, blind, or disabled individuals who have
limited income and resources (i.e., assets).20
 Office of Refugee Resettlement (ORR) Refugee Benefits21 include Refugee
Cash Assistance (RCA),22 Refugee Medical Assistance (RMA),23 and Refugee
Support Services (e.g., job training and English language instruction).24
 Department of State (DOS) Refugee Benefits include the Reception and
Placement program, which provides funds to resettlement agencies to assist with
expenses during a refugee’s first three months in the United States.25

16 For information about other eligibility criteria by program, see the reports cited in the footnotes for each of the
programs listed.
17 For more information, see CRS In Focus IF10322, Medicaid Primer; and CRS In Focus IF11912, Noncitizen
Eligibility for Medicaid and CHIP.
18 For more information, see CRS Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Primer on
Eligibility and Benefits.
19 For more information, see CRS In Focus IF10036, The Temporary Assistance for Needy Families (TANF) Block
Grant.
20 For more information, see CRS In Focus IF10482, Supplemental Security Income (SSI); and CRS Report R46697,
Noncitizen Eligibility for Supplemental Security Income (SSI).
21 ORR is a program of the Administration for Children and Families, an office within the U.S. Department of Health
and Human Services (HHS). For more information, see HHS, ORR, “Refugee Services,” at https://www.acf.hhs.gov/
orr/programs/refugees.
22 RCA “helps individuals meet their most basic needs, such as for food, shelter, and transportation.” For more
information, see HHS, ORR, “Cash & Medical Assistance,” at https://www.acf.hhs.gov/orr/programs/refugees/cma.
23 RMA “provides short-term medical coverage to refugees ineligible for Medicaid.” For more information, see HHS,
ORR, “Cash & Medical Assistance,” at https://www.acf.hhs.gov/orr/programs/refugees/cma.
24 For more information, see HHS, ORR, “Refugee Support Services,” at https://www.acf.hhs.gov/orr/programs/
refugees/refugee-support-services.
25 For more information, see DOS, Reception and Placement, at https://www.state.gov/refugee-admissions/reception-
and-placement/#:~:text=
The%20R%26P%20Program%20provides%20resettlement,to%20supplement%20U.S.%20government%20funding.
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Table 1. Eligibility for Selected Public Benefit Programs, Work Authorization, and Path to LPR Status
for Selected Immigration Statuses
ORR Refugee
DOS Refugee
Work
Prescribed Path
Status
Medicaid
SNAP
TANF
SSI
Benefitsa
Benefitsb
Authorization
to LPR Statusc
Refugees
Eligible for
Eligible after
Eligible for
Eligible for
Yes
Yes
Yes
After one year in
seven years
entry/grant of
five years
seven years
refugee status,
after
status
after
after
refugees are
entry/grant of
entry/grant of
entry/grant
required to apply to
such status
such status
of such
adjust to LPR status
Eligible at
Eligible at
status
state option
state option
Ineligible
after seven
after five
after seven
years
years
years
unless
naturalized
Asylees
Same as
Same as
Same as
Same as
Yes
No
Yes
After one year in
refugees
refugees
refugees
refugees
asylee status, asylees
may apply to adjust
to LPR status
Paroleesd
Ineligible for
Children
Ineligible for
Ineligibleg
No
No
Granted at the
Noh
five years
under 18 are
five years
discretion of DHS
after entrye
eligible
after entry
Otherwise
Adults
Otherwise
eligible at
ineligible for
eligible at
state option
five years
state option
after entryf
Ukrainian
Same as
Same as
Same as
Same as
Yes
No
Yes j
Noh
Paroleesi
refugees
refugees
refugees
refugees
Temporary
Eligible only
Ineligible
Ineligible
Ineligible
No
No
Yesl
Noh
Protected
for
Status (TPS)
emergency
Recipientsk
services
Source: CRS analysis of the U.S. Code, regulations, and DHS, DOS, and HHS guidance.
CRS-4

Notes: This report focuses on Ukrainians who either recently arrived in the United States or who are looking to come to the United States. However, this table
provides a more general breakdown of eligibility for individuals in various immigration statuses or who may seek to come to the United States. Notably, this table does
not include ineligibility exceptions, codified in various laws, for individuals who arrived in the United States before August 22, 1996. Those earlier arrivals may be eligible
for some of these benefits depending on the programs’ eligibility rules. For more information, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance:
Policy Overview.
a. ORR refugee benefits include Refugee Cash Assistance, Refugee Medical Assistance, and Refugee Support Services. For more information, see U.S. Department of
Health and Human Services, ORR, “Refugee Services,” at https://www.acf.hhs.gov/orr/programs/refugees.
b. DOS refugee benefits are paid to resettlement agencies to assist with expenses during a refugee’s first three months in the United States. For more information, see
DOS, “Reception and Placement,” at https://www.state.gov/refugee-admissions/reception-and-placement/#:~:text=
The%20R%26P%20Program%20provides%20resettlement,to%20supplement%20U.S.%20government%20funding.
c. Prescribed paths are particular statutory provisions for the adjustment of status for the specific immigration status (e.g., refugees). Categories of noncitizens with no
prescribed path may still be eligible to adjust to LPR status via other mechanisms (e.g., family-based or employment-based categories).
d. This includes only those whose parole is granted for more than one year.
e. Some states exempt pregnant women and/or children from the five-year bar. For more information, see “Medicaid and CHIP Coverage of Lawfully Residing Children
& Pregnant Women,” at https://www.medicaid.gov/medicaid/enrollment-strategies/medicaid-and-chip-coverage-lawfully-residing-children-pregnant-women.
f.
Adult parolees are ineligible for five years after entry unless they are blind or disabled and are receiving benefits or assistance for their condition or if they have a
qualifying military connection (i.e., they are active duty military personnel, honorably discharged veterans, or are the spouses, unmarried surviving spouses, or
unmarried dependent children of such veterans or servicemembers).
g. Parolees are ineligible unless they have a qualifying military connection (i.e., they are active duty military personnel, honorably discharged veterans, or are the
spouses, unmarried surviving spouses, or unmarried dependent children of such veterans or servicemembers).
h. While there is no prescribed path, parolees may be eligible to apply for asylum or to adjust to LPR status via other mechanisms (e.g., family-based or employment-
based categories). Note that parole satisfies the threshold requirement for adjustment of status under 8 U.S.C. §1255(a). For more information, see CRS Report
R46570, Immigration Parole.
i.
This refers to Ukrainian nationals paroled into the United States between February 24, 2022, and September 30, 2023, as described above.
j.
As of November 21, 2022, Ukrainian parolees do not need to apply for employment authorization. They are considered employment-authorized incident to parole.
For more information, see U.S. Citizenship and Immigration Services, Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole, at
https://www.uscis.gov/newsroom/alerts/certain-afghan-and-ukrainian-parolees-are-employment-authorized-incident-to-parole.
k. For nationals of a foreign country to be eligible for TPS, that country must be designated for TPS by the Secretary of Homeland Security. Ukraine was designated for
TPS on April 19, 2022.
l.
A separate application for work authorization is required.

CRS-5

Ukrainian Eligibility for Selected Benefits Based on Immigration Status: In Brief

Author Information

Abigail F. Kolker

Analyst in Immigration Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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Congressional Research Service
R47290 · VERSION 3 · UPDATED
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