DHS Extends and Redesignates Yemen for TPS (Temporary Protected Status)

The Department of Homeland Security (DHS) has extended and redesignated Yemen for Temporary Protected Status (TPS) for 18 months, spanning from September 4, 2024, through March 3, 2026. This decision, offers vital protection and work authorization for Yemeni nationals residing in the United States amid the ongoing crisis in their home country.

Yemen has been engulfed in conflict for over a decade, leading to severe humanitarian crises. The armed conflict has drastically limited civilians' access to essential resources like water, food, and medical care, pushing the nation to the brink of economic collapse. DHS Secretary Alejandro Mayorkas stated, "The steps the Department of Homeland Security has taken today will allow certain Yemenis currently residing in the United States to remain and work here until conditions in their home country improve."

Extension and Redesignation of TPS for Yemen

The extension and redesignation allow current Yemeni TPS beneficiaries to apply for an 18-month extension of their status and work authorization from July 10, 2024, through September 9, 2024. Additionally, new applicants will have the opportunity to apply for initial TPS status, work authorization, and travel permission from July 10, 2024, through March 3, 2026. This initiative aims to support approximately 1,700 Yemeni nationals and stateless individuals who habitually resided in Yemen and have been continuously residing in the U.S. since July 2, 2024. It also enables around 2,300 current beneficiaries to retain their TPS status through March 3, 2026, provided they continue to meet the eligibility criteria.

Accompanying this announcement, DHS has issued a Special Student Relief notice for F-1 nonimmigrant students whose country of citizenship is Yemen, or individuals having no nationality who last habitually resided in Yemen, so that eligible students 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.

Eligibility and Application Process

For Current TPS Beneficiaries:

Current Yemeni TPS beneficiaries must re-register between July 10, 2024, and September 9, 2024, to extend their status and work authorization. DHS has acknowledged that not all re-registrants may receive their new Employment Authorization Document (EAD) before their current EAD expires. To address this, DHS is automatically extending the validity of EADs previously issued under Yemen’s TPS designation through September 3, 2025.

U.S. Citizenship and Immigration Services (USCIS) will continue processing pending applications filed under previous TPS designations for Yemen. Beneficiaries with pending Form I-821 or Form I-765 applications as of July 10, 2024, do not need to reapply. Once approved, these individuals will receive TPS and an EAD valid through March 3, 2026.

For New Applicants:

Newly eligible Yemeni nationals can apply for initial TPS status if they can demonstrate continuous residence in the United States since July 2, 2024, and continuous physical presence in the United States since September 4, 2024. Applicants must file a Form I-821 application with appropriate fee(s) (or request for fee waiver) with U.S. Citizenship and Immigration Services (USCIS) during the initial registration period, which runs from July 10, 2024 through March 3, 2026. Applicants may also apply for EADs and travel authorization during this time, by submitting the corresponding forms and fee(s) or fee waiver request. TPS and its related work authorization will be approved with a March 3, 2026 expiration date.

All individuals applying for TPS undergo security and background checks as part of determining eligibility. Biometrics collection (fingerprinting) is generally required for applicants ages 14 and older.

Since the Securing the Border Presidential Proclamation and Interim Final Rule was issued in early June, over 24,000 noncitizens have been removed or returned to more than 20 countries. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States.

The DHS's decision to extend and redesignate Yemen for TPS reflects a commitment to humanitarian principles and acknowledges the ongoing crisis in Yemen. By providing Yemeni nationals in the United States with the opportunity to remain and work legally, the U.S. government is offering a lifeline to those affected by one of the world's most severe humanitarian crises.

TPS has many eligibility requirements, so it is extremely important to consult a competent and experienced immigration attorney. Email Elizee Law Firm at intro@elizeelawfirm.com,  our skilled immigration lawyers can answer any questions about TPS and guide you through every step of the process. For more information on how we can assist you, please visit our website at www.elizeelawfirm.com

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.