Temporary Protected Status (TPS) is a temporary benefit provided to nationals of a country designated by the Secretary of Homeland Security as unable, due to conditions in the country, to safely handle the return of its nationals. If a national of a country designated for TPS is granted TPS, he or she is not removable from the United States, may be granted an employment authorization document (EAD), and may be granted authorization to travel. However, TPS is a temporary benefit and it does not lead to lawful permanent resident status or any other immigration status. However, TPS beneficiaries may apply to change to a nonimmigrant status, adjustment to permanent resident status, or for an immigration benefit for which they are eligible.
On January 4, 2017, the Secretary of Homeland Security redesignated Yemen for Temporary Protected Status (TPS) and extended the TPS designation for an additional 18 months, from March 4, 2017, through September 3, 2018. We will examine what this means for nationals of Yemen who are seeking to re-register for TPS and for those seeking to apply for TPS for the first time.
On August 1, 2016, the Secretary of Homeland Security, Jeh Johnson, redesignated Syria for Temporary Protected Status (TPS). Syria’s existing TPS designation has been extended from October 1, 2016, to March 31, 2018. Accordingly, eligible nationals of Syria and persons of no nationality who last habitually resided in Syria will be eligible to register or reregister for TPS during periods found in the Federal Register notice.
In order to qualify for temporary protected status (TPS), an alien must be present in the United States when his or her country of nationality (or country of last habitual residence if he or she does not have a country of nationality) is designated for TPS. The Board of Immigration Appeal’s decision in Matter of Ognibene established that for purpose of changing status to E2 treaty investor status, the operative nationality of an alien is the nationality that he or she claimed upon entering the United States as a nonimmigrant. Although the issues are not entirely the same for dual nationals seeking TPS, the principles of Matter of Ognibene have been broadly applied to dual nationals whose operative nationality is determined to be that of the non-TPS designated country.
On April 22, 2017, the American Immigration Lawyers Association reported that the United States Citizenship and Immigration Services (USCIS) had recommended not extending Haiti’s Temporary Protected Status (TPS) designation.
On May 21, 2017, designations of Temporary Protected Status (TPS) for Guinea, Liberia, and Sierra Leone will terminate. TPS benefits for individuals from Guinea, Liberia, and Sierra Leone will no longer be in effect starting on May 21, 2017. TPS-beneficiaries from these three countries who hold another lawful immigration status, which they have maintained or acquired while on TPS, may continue to hold such status upon the termination of TPS. However, TPS beneficiaries from the three countries who hold no other lawful immigration status will no longer be protected from removal or eligible for employment authorization based on TPS beginning on May 21, 2017.
The United States Citizenship and Immigration Services (USCIS) announced that effective March 9, 2017, it is extending the validity of Employment Authorization Documents (EADs) issued under Temporary Protected Status (TPS) El Salvador for 6 months.
A person with a valid nonimmigrant status may apply for and be granted temporary protected status (TPS). One of the principal benefits of TPS is that a person on TPS may apply for and be granted an employment authorization document (EAD), which allows for employment in the United States. However, certain nonimmigrant statuses that may be held in conjunction with TPS (e.g., F-1, B-2) limit or outright prohibit the employment that a status-holder may engage in and continue to maintain status. This article will explain USCIS’ guidelines for TPS EADs for persons who hold a nonimmigrant status that either limits or prohibits employment.
