Green Card Options for Founders from Ukraine on U4U or TPS in 2025: What You Can Actually Do Next

Disclaimer: This article is for general educational purposes only. It does not provide legal advice and should not be relied upon as such. Immigration law is highly complex, and the right strategy depends on your personal history, entry records, professional background, and eligibility for specific visa categories. Only a licensed U.S. immigration attorney can evaluate your case and guide you through the process.

For many Ukrainian founders on Uniting for Ukraine (U4U) or Temporary Protected Status (TPS), the key question in 2025 is what comes next. While these temporary programs do not offer a direct path to a green card, they give you time and legal authorization to stay in the United States while you explore longer-term solutions.

This guide explains the main green card pathways that may be available from family sponsorship to asylum, and from temporary O-1 visas to self-petitioned employment-based green cards like EB-1A and EB-2 NIW. We will also cover timelines, common risks, and what to keep in mind as you plan.

What is U4U program (Uniting for Ukraine) — and why it doesn’t lead to a green card

Uniting for Ukraine (U4U) is a humanitarian parole program that allows Ukrainians to live and work temporarily in the U.S. Most parole periods are valid for two years, with the possibility of re-parole if DHS extends the program.

U4U parole by itself does not lead to a green card. It is a discretionary entry, not a visa admission, and does not create a direct path to residency.

If you previously entered the U.S. on a valid visa and were lawfully admitted, that record may help in meeting the requirement for Adjustment of Status (AOS). But for most, U4U is best understood as a temporary protective status, a bridge that buys you time to plan.

Understanding TPS (Temporary Protected Status) for Ukrainians in 2025

Temporary Protected Status (TPS) was extended again in 2025 because of the war in Ukraine. TPS provides two key protections: it shields you from deportation and gives you work authorization. Through TPS, applicants can also request Advance Parole (travel authorization).

• On its own, TPS does not lead to a green card. However, it can play an important role if used strategically with Advance Parole. Here’s why:
• If you entered the U.S. unlawfully and later received TPS, you generally cannot adjust status.
• But if you travel abroad with Advance Parole and re-enter the U.S., that re-entry is considered a lawful admission.
• This satisfies the requirement for Adjustment of Status, potentially opening the door to apply for a green card inside the U.S.

In short: TPS is not a green card path by itself, but combined with Advance Parole or a prior lawful entry, it can create eligibility for Adjustment of Status.

Can you adjust status from U4U or TPS within the U.S.?

The concept of Adjustment of Status (AOS) allows eligible applicants to apply for a green card without leaving the U.S. The key condition is that you must have been lawfully admitted or paroled.

1. U4U parole counts as a lawful entry. Many Ukrainians under U4U can, in principle, meet the admission requirement for AOS.
2. TPS does not cure an unlawful entry. If you entered without inspection, TPS alone is not enough, as it must be combined with being admitted or paroled in the U.S. for the purpose of AOS.

This distinction is critical. For you as a founder, being able to adjust status in the U.S. instead of going through consular processing abroad can save time and reduce risk. But it always depends on your personal entry history and whether visa numbers are available in your category.

Family-based paths: Marriage and immediate relative petitions

Family sponsorship is among the fastest green card paths. Marriage to a U.S. citizen qualifies you as an immediate relative, as do parents of U.S. citizens (when the petitioner is at least 21) and unmarried children under 21. As immediate relatives, you are not subject to annual visa limits and can often adjust your status from within the U.S. The entire process typically takes around 12–18 months.

This path requires strong convincing proof of a genuine relationship, as immigration officers carefully scrutinize these cases to prevent marriage fraud.

Humanitarian routes: Asylum and other protections

Asylum may be available if you can show a well-founded fear of persecution in Ukraine, beyond the war itself. A grant provides stability and a green card path after one year, but with long waits and trade-offs.

The main challenge is the U.S. asylum backlog, with waits of years for a decision. Because of this unpredictability, while it is a critical lifeline for some, founders who may qualify for faster employment- or family-based options often view it as a last resort.

Employment-based immigration options: O-1 visa and EB-1A & EB-2 NIW green cards

For many Ukrainian founders, employment-based immigration categories are a key focus because they are based on professional achievements and contributions. Each category has different rules about sponsorship and eligibility.

O-1 Visa (Individuals with Extraordinary Ability)

A temporary work visa for those who can demonstrate extraordinary ability. A U.S. employer or agent must file the petition, sometimes this can be the founder’s own startup if structured correctly. Evidence often includes items such as press coverage, funding, awards, or leadership roles. Approval for O-1 does not guarantee later eligibility for EB-1A or EB-2 NIW, but some of the same evidence can be relevant. If you are outside the U.S., you must obtain the O-1 visa at a U.S. consulate before entering; if you are already in the U.S. in valid status, you may instead request a change of status through USCIS.

EB-1A (Extraordinary Ability Green Card)
A permanent residency category that allows self-petitioning, no employer sponsor is required. Applicants must show they are among the small percentage at the top of their field, usually by meeting at least three out of ten official criteria (awards, publications, leadership roles, original contributions, etc.). The standard is higher than for O-1.

EB-2 NIW (National Interest Waiver)
Another self-petition option for individuals with an advanced degree or exceptional ability. You must show that your work has national importance, you are well positioned to advance it, and it benefits the U.S. to waive the normal job offer requirement. Unlike EB-1A, EB-2 is currently backlogged, so even after approval of the I-140, you may need to wait years before receiving your green card.

What risks and limitations can founders face with the O-1 visa?

Every path has potential obstacles. For founders, the most common include:

• Temporary status limits – you must renew TPS/U4U; an approved petition alone does not give lawful stay indefinitely.
  
• Adjustment of Status rules – with TPS, you need a legal admission (such as a visa or re-entry with Advance Parole) to adjust. U4U parole alone does not qualify; you would first need to switch into another valid nonimmigrant status (e.g., O-1, F-1, H-1B).
  
• Visa backlogs – EB-2 NIW cases face delays due to visa number shortages. EB-1 is usually faster for Ukrainians.
  
• Procedural challenges – incomplete or weak petitions are often denied. Premium Processing (an additional paid service) speeds up review but does not improve petition quality.
  
• Company sponsorship – for O-1, a U.S. sponsor is required. If your own startup is the petitioner, it must show a genuine employer–employee relationship.
  

Timelines and Key Checkpoints

A common question is: “How long does each path take?” While every case is unique, typical timelines help in planning. Here’s a practical breakdown of what to expect for each of the main pathways, based on processing times as of mid-2025.

1. Family-Based (Marriage to U.S. Citizen): Often the most direct path, with a typical full process time of ~12–18 months. This is because there are no annual visa limits for immediate relatives.

2. Asylum: Due to significant backlogs, this path is the longest and least predictable, often taking several years for a decision, plus another year after approval before you can apply for a green card.

3. O-1 Visa (Temporary): A much faster, temporary option. Standard processing is ~7 months, but with Premium Processing, a decision can be made in 15 calendar days.

4. EB-1A Green Card (Extraordinary Ability): A very efficient path to permanent residency. The I-140 petition can be approved in 15 calendar days with Premium Processing. With visa numbers currently available for Ukrainians, the total time to a green card is often ~6-12months.

5. EB-2 NIW Green Card (National Interest Waiver): While the I-140 petition itself is fast with Premium Processing (45 calendar days), the final green card step is delayed by a multi-year visa backlog. This makes it a much longer-term strategy than the EB-1A.

Key Checkpoints to Track in Your Journey

Beyond just timelines, your eligibility depends on several key factors that you and your legal team will need to track:

• Your Entry History: Were you lawfully admitted or paroled into the U.S.? This is the key to determining if you can adjust your status from within the country.
• Your Current Status: Are you maintaining your temporary status (U4U/TPS) by renewing it on time? A gap in status can create major complications.
• The Visa Bulletin: Is your green card category “current”? You should check the official Visa Bulletin each month, as this determines when you can take the final step.

Paperwork and filing fees (as of August 2025)

Every path comes down to forms, fees, and evidence. Knowing these early is essential for planning. To help you get a clear picture, here’s a snapshot of the key government forms and their filing fees as of mid-2025.

A key tip on Premium Processing: This optional service, available for petitions like Form I-140, can significantly speed up the government’s review time. It does not, however, apply to every stage (for example, it is not available for Form I-485) and it does not increase your chances of approval. A strong, well-documented petition remains the most important factor.

Note: It is always a good practice to verify current fees on the official USCIS Fee Schedule before filing. The fees listed here do not include legal fees for working with an immigration attorney, which vary by case and firm.

Looking ahead: options and preparation

Since U4U and TPS are temporary, the most effective approach is to use this time to prepare for a permanent solution. This involves two parallel tracks:

Keep your status valid. This means renewing your U4U or TPS on time without fail. A gap in status can create significant complications for any future green card application.

Many founders use this period to prepare. For founders, this often means meticulously organizing evidence of your professional achievements for a self-petitioned category like EB-1A or EB-2 NIW.

Aligning your immigration path with your company’s growth is key. An experienced immigration attorney can help you structure your case as a coherent narrative, ensure your company is set up correctly for any potential sponsorship, and manage critical deadlines. Remember that legal fees are separate from government filing fees and vary by case complexity.

Closing thoughts 

Moving from U4U or TPS to a green card is not automatic. Options exist: family, asylum, O-1, EB-1A, EB-2 NIW, but each requires preparation, lawful status, and eligibility. Every case is unique. This article provides general information only for decisions about your specific situation, always consult a licensed immigration attorney.

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