Search results for: Temporary Protected Status

The U.S. Department of Homeland Security (DHS) has announced the extension and redesignation of Temporary Protected Status (TPS) for Venezuela. DHS says this decision comes in response to ongoing extraordinary conditions in Venezuela, which have made it unsafe for individuals to return to their home country. However, major news outlets are reporting that this decision comes after heavy pressure from local and federal political leaders who say their communities need immigrants to be able to work.

U.S. Secretary of Homeland Security Alejandro N. Mayorkas has announced an 18-month extension and redesignation of TPS for Venezuela. The TPS extension offers temporary protection from deportation and provides employment authorization for Venezuelan nationals residing in the United States before July 31, 2023.

Currently, there are approximately 242,700 TPS beneficiaries under Venezuela’s existing designation, with an additional 472,000 nationals of Venezuela who may be eligible under the redesignation. This extension and redesignation aim to provide relief to the Venezuelan community in the United States, allowing them to live and work legally.

 On Aug. 18, 2023, the U.S. Department of Homeland Security (DHS) announced an additional 18-month extension of temporary protected status (TPS) for Ukrainian nationals, from Oct. 20, 2023, through April 19, 2025. Existing beneficiaries of TPS for Ukraine may re-register for TPS during the 60-day re-registration period, which began Aug. 21, 2023, and runs through Oct. 20, 2023. According to DHS, the extension of TPS will allow approximately 26,000 current beneficiaries to retain TPS through April 19, 2025, if they continue to meet the TPS eligibility requirements.

Citing the ongoing armed conflict and humanitarian crisis in Ukraine, DHS also announced a redesignation of TPS for Ukrainian nationals. This means that Ukrainian nationals residing in the United States as of Aug. 16, 2023, are now eligible to apply for TPS. DHS estimates hold that potentially 166,700 additional individuals may be eligible for TPS under this redesignation. This includes Ukrainian nationals in the United States in a nonimmigrant status or without a lawful immigration status.

Current beneficiaries who wish to extend their TPS must re-register with U.S. Citizenship and Immigration Services (USCIS) during the 60-day re-registration period in 2023 to ensure there is no gap in their TPS or employment authorization. Additionally, given not all re-registrants may receive a new employment authorization document (EAD) before their current EAD expiration date, USCIS is automatically extending previously issued EADs through Oct. 19, 2024.

Individuals who have a TPS application pending with USCIS, or a related Form I-765, Application for Employment Authorization, do not need to refile these pending applications. If USCIS approves a pending TPS or EAD application filed under the previous designation of TPS for Ukrainian nationals, USCIS will grant the individual TPS through April 19, 2025, and will also issue an EAD valid through the same end date.

The announcement from DHS directs individuals to the Federal Register notice for an explanation regarding the TPS eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, as well as for new applicants to submit a TPS application under the redesignation and apply for an EAD.

On Aug. 18, 2023, the U.S. Department of Homeland Security (DHS) announced an 18-month extension of Temporary Protected Status (TPS) for Ukraine. This newly granted extension will run from Oct. 20, 2023, through April 19, 2025, due to the ongoing armed conflict in Ukraine preventing a safe return for its citizens.

The TPS extension will allow approximately 26,000 current beneficiaries to retain TPS through April 19, 2025, if they continue to meet TPS eligibility requirements. An estimated 166,700 additional individuals may be eligible for TPS under the redesignation of Ukraine. 

Among the highlights of the DHS announcement:

  • Redesignation of TPS for Ukraine: Allowing TPS eligibility for Ukrainian nationals – and individuals having no nationality who last habitually resided in Ukraine – residing in the United States as of Aug. 16, 2023, instead of the initial designation date of April 19, 2022.
  • Special Student Relief for F-1 Nonimmigrant Students: Students whose country of citizenship is Ukraine may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 status through the TPS designation period.
  • Re-registration Date for TPS: Current beneficiaries who wish to extend their temporary protected status must re-register during a set 60-day period, between Aug. 21, 2023, and Oct. 20, 2023, to ensure TPS and employment authorization retention without any gaps. 
  • Automatic EAD Extensions: U.S. Citizenship and Immigration Services (USCIS) will automatically extend Employment Authorization Documents (EAD) previously issued through Oct. 19, 2024, recognizing not all re-registrants may receive a new EAD before their current documents expire.
  • Continued Processing of Pending TPS Applications: Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again with USCIS. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Ukraine, USCIS will grant the individual TPS through April 19, 2025, and issue an EAD valid through the same date. 

First-time applicants under this TPS redesignation must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from Aug. 21, 2023, through April 19, 2025.

Those with additional questions about this process should consult with experienced immigration counsel.

The Department of Homeland Security announced an 18-month extension of Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. Current beneficiaries will be eligible to re-register to remain in the United States with work authorization through June 30, 2024. See Notice of Continuation of Temporary Protected Status and related documentation for Certain TPS beneficiaries. The current expiration date is Dec. 31, 2022.

There are currently 15 countries designated for TPS, which provides a temporary status to eligible individuals who are unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions.

Information about the re-registration process is published in the Federal Register notice. Please check back with us for additional updates regarding the re-registration process.

On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for an initial period of 18 months.

A country may be designated for TPS when conditions in that country reduce into one or more of the three statutory requirements for designation. Those requirements include:

  • Ongoing armed conflict within the state posing a serious threat to the personal safety of nationals if returned there;
  • Earthquake, flood, drought, epidemic, or other environmental disaster resulting in a substantial but temporary disruption of living conditions in the area affected; or
  • Extraordinary and temporary conditions in the foreign state preventing its nationals from returning safely.

DHS has confirmed that the designation of Ukraine for TPS is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent its nationals from returning safely.

Individuals are eligible for TPS under this recent designation if they have continuously resided in the United States since March 1, 2022. Ukrainian nationals 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 Federal Register notice.

During a TPS designation period, beneficiaries or those who are found preliminarily eligible for TPS upon initial review of their cases are not removable from the United States; can obtain employment authorization; and may be granted travel authorization. Once an individual is granted TPS, they cannot be detained by DHS on the basis of their immigration status in the United States.

In addition to the TPS designation, USCIS published a reminder of measures that may be available – on a case-by-case basis and upon request – to those affected by extreme events:

  • Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. If you fail to apply for the extension or change before expiration of your authorized period of admission, we may excuse that if the delay was due to extraordinary circumstances beyond your control;
  • Reparole of individuals previously granted parole by USCIS;
  • Expedited processing of advance parole requests;
  • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited adjudication of petitions or applications, including employment authorization applications, when appropriate;
  • Consideration of fee waiver requests due to an inability to pay;
  • Flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
  • Flexibility if you were unable to appear for a scheduled interview with USCIS;
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Document, or Form I-94, Arrival/Departure Record; and
  • Rescheduling a biometric services appointment.

Click here to view all GT insights related to the Ukraine conflict.

As previously reported, the rulemaking extending TPS for Syria has concluded:

AGENCY: DHS-USCIS RIN: 1615-ZB72 Status: Concluded
TITLE: Extension of the Designation of Syria for Temporary Protected Status
STAGE: Notice ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 09/19/2019 LEGAL DEADLINE: None
** COMPLETED: 09/20/2019 COMPLETED ACTION: Consistent with Change

DATES: Extension of Designation of Syria for TPS: The 18-month extension of the TPS designation of Syria is effective Oct. 1, 2019, and will remain in effect through March 31, 2021. The 60-day re-registration period runs from Sept. 23, 2019, through Nov. 22, 2019. (Note: It is important for re-registrants to timely re-register during this 60-day period and not to wait until their EADs expire.) https://www.federalregister.gov/documents/2019/09/23/2019-20457/extension-of-the-designation-of-syria-for-temporary-protected-status

For more information on Syria or other TPS matters, please contact your GT attorney or click here. This blog will be updated as information becomes available, so please check back regularly.

The Department of Homeland Security announced an 18-month extension of Temporary Protected Status (TPS) for South Sudan. Current beneficiaries will be eligible to re-register to remain in the United States with work authorization through Nov. 2, 2020.

South Sudan is one of ten (10) countries currently designated for TPS, which provides a temporary status to eligible individuals who are unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. DHS announced on Feb. 28 that it is also extending TPS for Sudan, El Salvador, Haiti, and Nicaragua until Jan. 2, 2020. DHS had sought to end TPS benefits for these four countries, but has extended the designations to comply with a court order in connection with ongoing litigation over the terminations.

Information about the re-registration process for South Sudan will be published in a forthcoming Federal Register notice. Please check back with us for additional updates regarding the re-registration process.

For more on TPS, click here.

˘ Law clerk/JD

The Department of Homeland Security filed a notice Thursday, Feb. 28 extending Temporary Protected Status (TPS) for four countries – Sudan, El Salvador, Haiti, and Nicaragua – as a result of federal court action. The approximately 300,000 affected immigrants in the United States will be allowed to extend their stays until January 2020.

Please check back with us for additional information on this and other matters as events warrant.

For more on TPS, click here.

˘ Not admitted to the practice of law

Following the July 20 announcement of the granting of Temporary Protected Status (TPS) for Somalian beneficiaries, the Department of Homeland Security published a notice on Aug. 27 with instructions for the 18-month Somalian TPS extension from Sept. 18, 2018 through March 17, 2020. The 60-day re-registration period runs from Aug. 27, 2018 through Oct. 26. 2018.

For additional information, please see here and continue to check this site.  

Yesterday, Secretary of Homeland Security, Kirstjen Nielsen, announced that after careful review of many factors, an extension of Temporary Protected Status (TPS) for Somalia beneficiaries would be granted until March 17, 2020.  Somalian TPS beneficiaries are a relatively small population, approximately 500 persons, but this act today demonstrates the ability of DHS to make case-by-case determinations based on the facts present and follows the recent action to extend TPS for Yemen beneficiaries.

To review the brief statement, please see Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for Somalia

For more information on TPS, click here.