Search results for: temporary protected status

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.

Secretary of Homeland Security Kirstjen M. Nielsen has announced her determination that an extension of the Temporary Protected Status (TPS) designation for Somalia is warranted pursuant to the Immigration and Nationality Act. After carefully reviewing conditions in Somalia with interagency partners, Secretary Nielsen determined the ongoing armed conflict and extraordinary and temporary conditions that support Somalia’s current designation for TPS continue to exist. Therefore, pursuant to the statute, she has extended Somalia’s TPS designation for 18 months.

Continue Reading.

On Sept. 22, 2016, Secretary of Homeland Security Jeh Johnson extended the temporary protected status (TPS) designation for Guinea, Liberia, and Sierra Leone through May 20, 2017.  The TPS designations for these countries were extended for six months to allow for the “orderly transition” of its citizens back home.  Guinea, Liberia, and Sierra Leone were originally granted TPS designation for 18 months because of the Ebola virus outbreak in late 2014 in West Africa.  After reviewing country conditions and consulting with appropriate U.S. government agencies, Secretary Johnson “determined that conditions in Guinea, Liberia, and Sierra Leone no longer warrant TPS designation,” since the Ebola virus outbreak has ended.

To facilitate the orderly transition, the TPS for citizens of these countries will be automatically extended until May 20, 2017, without the need for filing a Form I-821 with U.S. Citizenship and Immigration Services (USCIS).  The work authorization (EAD) for these citizens will be automatically extended until May 20, 2017, as well.

While TPS benefits will end effective May 21, 2017, citizens of these countries will be allowed to retain any other lawful immigration status that they obtained while holding TPS status.  If any citizens of these countries currently do not hold another immigration status, these individuals have the additional six-month extension to prepare for their departure from the United States or to apply for and obtain alternative immigration benefits. Employers that employ citizens of these countries who are working on a TPS-related EAD should consider using this time to determine whether these individuals may be eligible for an employment-based visa.  If eligible, employers can then submit petitions on behalf of these individuals as soon as possible in an attempt to avoid any interruption in employment authorization since USCIS is taking several months to review and approve employment-based visa petitions.

Finally, employers should consider alerting all company representatives responsible for the completion of the I-9 process about this development, as employers may often be unsure about how to complete and/or reverify the I-9 form for individuals holding TPS work authorization. Employers must accept a TPS-related EAD that is expired on its face if it nevertheless remains unexpired based on an automatic extension of the EAD by Department of Homeland Security.

For a link to the applicable Federal Register outlining the extension of TPS benefits and employment authorization for citizens of these countries, please click here:  Guinea; Liberia; Sierra Leone.

In November 2014, the Secretary of Homeland Security Jeh Johnson designated Temporary Protected Status (TPS) for Liberia, Guinea, and Sierra Leone for 18 months due to the outbreak of Ebola Virus in West Africa. Today, Secretary Johnson extended the TPS designations of Liberia, Guinea, and Sierra Leone for an additional six months from May 22, 2016, through Nov. 21, 2016, due to lingering effects of the Ebola Virus outbreak.

Eligible nationals from Liberia, Guinea, and Sierra Leone who are granted TPS cannot be removed from the U.S. They can also apply for an employment authorization document (EAD) to work in the United States and authorization to travel outside the United States. While TPS is a temporary benefit that does not lead to permanent resident status, TPS registration does not prevent an individual from applying for nonimmigrant status in the U.S., filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit.

Current TPS beneficiaries from Liberia, Guinea, and Sierra Leone who wish to extend their status must re-register from March 22, 2016, through May 23, 2016. This involves submission of a Form I-821, Application for Temporary Protected Status (re-registrants are not required to pay the Form I-821 application fee); Form I-765, Application for Employment Authorization (but re-registrants are only required to pay the application fee if they want an EAD); and the biometrics services fee. Individuals with a pending initial TPS Liberia, Guinea, or Sierra Leone application are not required to submit a new Form I-821.

This six month extension also allows TPS beneficiaries to apply for a new EAD with an expiration date of Nov. 21, 2016. To allow for seamless work authorization, USCIS will also automatically extend current TPS Liberia, Guinea, and Sierra Leone EADs with a May 21, 2016 expiration date for an additional six months.

On Sept. 3, 2015, the Secretary of Homeland Security designated Yemen for Temporary Protected Status (TPS) for an 18 month period due to the ongoing armed conflict in the country. The deadline to register for TPS for Yemen is March 1, 2016. To register for TPS,  eligible nationals of Yemen (and people without nationality who last habitually resided in Yemen) must file an application with USCIS. Once the application is approved, they are permitted to remain in the United States until March 3, 2017. In addition, those registered for TPS will be eligible to apply for work authorization in the United States.

To qualify for TPS, the applicant must satisfy the following criteria:

  • maintained continuous physical presence in the United States since Sept. 3, 2015;
  • resided continuously in the United States since Sept. 3, 2016.

Applicants over the age of 14 must also undergo security checks, and those with a criminal record or who pose a threat to national security are not eligible for TPS. Applicants may also request a fee waiver from USCIS from the application by submitting the appropriate request.

Please contact your Greenberg Traurig attorney for more information or assistance on this matter.