Department of Homeland Security (DHS) announced yesterday that it was designating Temporary Protected Status (TPS) for Nepalese nationals currently living in the United States for an 18-month period.  Nepal’s TPS designation is effective from June 24, 2015 to December 24, 2016.  DHS took this action after Secretary of Homeland Security Jeh Johnson determined the conditions in Nepal following the earthquake that hit the country on April 25, 2015 posed a substantial threat to living conditions in the country.  Employers should alert all company representatives responsible for the completion of I-9 forms about this development.

Temporary Protected Status

A country can be designated for TPS due to temporary conditions in the country that prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.  Individuals granted TPS benefits are not removable from the United States, can obtain an employment authorization document (EAD) to work in the United States, and may be granted travel authorization to travel outside the United States.  The granting of TPS does not, however, result in or lead to permanent resident status.

Individuals who want to apply for Nepal’s TPS designation must submit an application during the 180-day registration period, which runs from June 24, 2015 to December 24, 2016.  During this period, individuals who wish to work and/or travel must apply for an EAD and/or a travel document through U.S. Citizenship and Immigration Services (USCIS).  Further information is available in the Federal Register.

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Photo of Ian Macdonald Ian Macdonald

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital domestically and internationally, including secondment agreements, benefits transferability, local host country employment concerns and immigration.

Ian and his team work closely with companies to manage and modify, where needed, corporate immigration programs to maximize efficiency, service and regulatory compliance levels. He is experienced with the full range of business immigration sponsorship categories (visas and permanent residence), anti-discrimination rules to reduce or eliminate risk of employment litigation, employer sanction cases, and I-9 and E-Verify compliance. Ian assists clients with establishing risk-based performance standards (RBPS) and Department of Homeland Security protocol, providing risk assessment assistance to corporations subject to Chemical Facility Anti-Terrorism Standards (CFATS) and assisting clients with ITAR/Export Control compliance within the immigration context.

Ian has developed strategic relationships abroad that he utilizes when working with clients to ensure compliance with foreign registration requirements. He is experienced with analyzing complex global mobility opportunities on country-specific matters to facilitate the transfer of personnel. Ian is also experienced in counseling employers on immigration strategy as well as immigration consequences of mergers and acquisitions, reduction in workforces, and furloughs.

Prior to joining the firm, Ian worked for the United Nations, various non-governmental think tanks and corporate law firms in London, Washington, D.C., New York and Atlanta.