Washington, D.C. U.S. Department of Homeland Security (DHS) has anounced that it will cancel the prior Administration’s terminations of the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua and will extend the TPS for these countries for 18 months. This policy change of the current administration was also transpired by the lawsuits challenging earlier administration's recission of TPS designations. [See earlier news updates here, here and here]
To implement this decision, the government will publish Federal Register Notices (FRN) soon explaining the eligibility criteria, timelines, and procedures necessary for the current beneficiaries to re-register for TPS and renew their Employment Authorization Documents (EADs).
Once the notices are published, current TPS beneficiaries under the four designations, El Salvador, Honduras, Nepal, and Nicaragua, will be able to re-register to continue their TPS throughout the 18-month extension. Individuals who arrived in the United States after the continuous residence dates (Feb. 13, 2001, for El Salvador; Dec. 30, 1998, for Honduras and Nicaragua; and June 24, 2015, for Nepal) for these designations are not eligible for TPS.
Earlier, DHS had extended the validity of some of these TPS through June 30, 2024 to comply with court cases. Each country’s extension and the re-registration period are set forth below and will be further explained in forthcoming Federal Register Notices. The re-registration period for individuals to submit TPS applications under the designation of:
- El Salvador is July 12, 2023, through March 9, 2025;
- Haiti is January 26, 2023, through August 3, 2024;
- Honduras is November 6, 2023, through July 5, 2025;
- Nepal is October 24, 2023, through June 24, 2025;
- Nicaragua is November 6, 2023, through July 5, 2025; and
- Sudan is August 21, 2023, through April 19, 2025.
El Salvador
DHS is extending the designation of El Salvador for TPS for 18 months, from Sept. 10, 2023, through March 9, 2025. Existing TPS beneficiaries who wish to extend their status through March 9, 2025, must re-register during the 60-day re-registration period from July 12, 2023, through Sept. 10, 2023.
Honduras
DHS is extending the designation of Honduras for TPS for 18 months, from Jan. 6, 2024, through July 5, 2025. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during validity period.
Nepal
DHS is extending the designation of Nepal for TPS for 18 months, from Dec. 25, 2023, through June 24, 2025. Existing TPS beneficiaries who wish to extend their status through June 24, 2025, must re-register during the validity period.
Similarly, if you should also apply for EAD application along with re-registration to obtain EAD work authorization through June 24, 2025.
Nicaragua
DHS is extending the designation of Nicaragua for TPS for 18 months, from Jan. 6, 2024, through July 5, 2025. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the validity period.
The decisions to rescind the termination of the designations of these four countries for TPS were effective on June 9, 2023.
Re-registration Procedure
Existing El Salvador, Honduras, Nepal, and Nicaragua TPS beneficiaries who wish to extend their status must re-register during the re-registration periods that will be detailed in the FRNs. The FRNs will likely automatically extend the validity of Employment Authorization Documents, Forms I-94, Arrival/Departure Record, and Forms I-797, Notice of Action (Approval Notice).
History of lawsuits challenging the rescission of designated TPS
Beneficiaries of TPS and their U.S. citizen children brought an lawsuit, now titled Ramos v. Mayorkas, challenging these terminations. They won a preliminary injunction in 2018, which has protected their legal status for the past five years.
The en banc Ninth Circuit Court of Appeals is poised to hear arguments concerning the legality of the Trump terminations, and the validity of the injunction, on June 22 in Seattle. It is not clear what effect the DHS announcement may have on the en banc argument currently scheduled for June 22.
The plaintiffs have been represented by the ACLU Foundations of Northern and Southern California, the Center for Immigration Law and Policy at UCLA School of Law, Unemployed Workers United and the law firm Sidley Austin LLP. The coalition of organizations representing TPS holders includes the National TPS Alliance, Adhikaar, African Communities Together, Carecen Los Angeles, Haitian Bridge Alliance, and the National Day Laborer Organizing Network.
Late Filing of TPS if you failed to file before
Late Re-Registration for TPS
USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application.
If you file your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization.
Late Initial Filing for TPS
Application can be made for the first time for TPS during an extension of your country’s TPS designation period. If you qualify to file your initial TPS application late, one must still independently meet all the TPS eligibility requirements listed in the Eligibility section above.
To qualify to file your initial TPS application late, one must meet at least one of the late initial filing conditions below:
- During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition
- You were a nonimmigrant, were granted voluntary departure status, or any relief from removal
- You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal
- You were a parolee or had a pending request for re-parole
- You are a spouse of an individual who is currently eligible for TPS
or
- During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you were a child of an individual who is currently eligible for TPS. There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for your country, you may still be eligible for late initial filing even if you are now over 21 years old or married. You may file during an extension of your TPS designated country.
As intended by the law, TPS is a temporary immigration relief for certain individual from certain country. The status does not provide a long-term immigration benefit or a permanent residency path. Therefore, one neeeds to find a different immigration option to lawfully stay beyond the duration granted through TPS. Only with a Legal Permanent Resident (LPR, green card holder) or U.S. citizenship, you will be able to reside in the U.S. permanently and you will also be able to sponsor your immediate family members.
Some of those other immigration options include:
- Green Card with or without a Job Offer:
- EB-1A: Extraordinary Ability (possible even without job offer)Individuals with Extraordinary Ability (self-petition, possible even without job offer)
- EB-2 NIW: Individuals who qualify for National Interest Waiver (NIW) exempting from job offer requirement and, thus, the labor certification (EB-2, NIW)
- Green Card with a Job Offer:
- EB-1B (PERM Labor Certification): Outstanding Professors and Researchers
- EB-1C: Multinational Manager or Executive
- EB-2 (PERM Labor Certification): Advanced Degree Professional (professionals with U.S. or U.S. equivalent Master’s degree or higher, or Bachelor degree + 5 year of related experience) or Exceptional Ability (if you have exceptional ability in the sciences, arts, or business). EB-2 (NIW) Self-petition possible without job offer.
- EB-3: Professionals, skilled workers, and other workers
- Schedule A (Group I and II) EB-2 or EB-3 without PERM: Physical Therapist; Professional Nurse; Person with Exceptional Ability in the Sciences or Arts
- Green Card Through Self Petition:
- EB-1A
- EB-2 NIW
- EB-4: Special Immigrants: Religious Workers; Special Immigrant Juveniles; Broadcasters; G-4 International Organization or NATO-6 Employees and Their Family Members; International Employees of the U.S. Government Abroad; Armed Forces Members; Panama Canal Zone Employees; Certain Physicians; Afghan and Iraqi Translators; Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of U.S. Operations
- EB-5 or Green Card Through Investment (this is for business investors who invest $1.05 million or $800,000 (if the investment is made in a targeted employment area (TEA)) in a new commercial enterprise that employs at least 10 full-time U.S. workers). A new commercial enterprise means: (1) a new commercial enterprise that employs at least 10 full-time U.S. workers, or (2) an enterprise which will expand to 140% of pre-investment net worth or number of employees, or (3) A troubled business in which jobs will be preserved.
- EB-5 Regional Center Pilot Program: Investment of $800,000 in an approved Regional Center.
Simiarly, the Family Based Green Card options include:
- Immediate relative of a U.S. citizen (this includes spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners)
- Family member of a U.S. citizen fitting into a preference category
- Unmarried sons or daughters over the age of 21,
- Married children of any age, and
- Brothers and sisters of U.S. citizen
- Family member of a green card holder
- Spouses (wife or husband) and
- Unmarried children of the sponsoring green card holder
- Battered spouse, child, or parents of a U.S. citizen or permanent resident. (based on VAWA Act)
- a green card to person born to a foreign diplomat in the United States
- green card for Widow(er) of a U.S. Citizen
- Non-immigrant visa:
- a K nonimmigrant visa
- fiancé(e) K-1 visa, and K-2 visa for children
- K-3/K-4 visa for spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative.
- Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR)
- a K nonimmigrant visa
- H:
- H-3 (Trainee or Special education Visitor
- H-2B (temporary non-agricultural worker)
- H-2A (temporary agricultural worker)
- H-1B1 (Chile/Singapore)
- H-1B (an occupation that normally requires a bachelor’s degree or higher in a related field of study, and you have at least a bachelor’s degree or it’s foreign equivalent, or required work experience in a field related to the position)
- L (Intra-company Transferee): L-1A (Executive or Manager); L-1B (employee with “specialized knowledge”); L-1 New Office; L-1 Blanket petition for a large multi-national
- O (persons with extraordinary ability or achievement)
- O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics.
- O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
O-2: individuals who will accompany an O-1, artist or athlete, to assist as “integral part” or “essential” for a specific event or performance.
O-3: individuals who are the spouse or children of O-1’s and O-2’s
- E: Treaty Trader (E-1), Treaty Investor (E-2), E-3 visa for Australian professionals (entrepreneur too if company is incorporated/structured properly)
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
You can contact us at (+1) 202 600 7742, or email us at info@adhikarilaw.com if you will have any question on this topic. You can also reach us to learn about our legal services or complete the Form to request an Attorney Consultation.