EXTENSION AND REDESIGNATION OF YEMEN FOR TPS

The Department of Homeland Security (DHS) has extended and redesignated Yemen for 18 months of Temporary Protected Status (TPS), from March 4, 2023 to September 3, 2024, according to a notice in the Federal Register. From January 3, 2023 to March 4, 2023, current Yemeni TPS beneficiaries will have 60 days to request an 18-month extension of status and work authorization. New applicants will have until September 3, 2024 to apply for initial TPS status, as well as related employment authorization documents (EADs) and travel authorization.

Temporary Protected Status

TPS is a temporary immigration status granted to citizens of specific countries experiencing problems such as war or natural disasters. Temporary Protected Status does not give you the right to live in the United States permanently or become a citizen, however, the US government may decide to extend TPS, making the status valid for a long period of time.

TPS 2023 for Yemeni Nationals

The Department of Homeland Security announced the extension and redesignation of Yemen for Temporary Protected Status on December 30, 2022, due to ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals from safely returning to their country. This extension and redesignation will be effective from March 4, 2023, through September 3, 2024. The extension allows approximately 1,700 current TPS beneficiaries to maintain their status until September 3, 2024, as long as they meet the TPS eligibility requirements. The re-designation of TPS for Yemen, on the other hand, allows approximately 1,200 Yemeni nationals and individuals without nationality who last habitually resided in Yemen.

DHS has determined that the conditions in Yemen warrant continued and renewed Temporary Protected Status (TPS). The ongoing violent conflict and the stream of challenges that flow from the roughly eight years of civil war in Yemen have not been resolved. At least 377,000 people have been killed as a result of ongoing violence, and civilian displacement is substantial and widespread within Yemen. Deteriorating humanitarian conditions, large-scale public health crises, and protracted internal conflict continue to adversely affect Yemen’s civilian population.

“The people of Yemen are continuing to suffer a complex and deteriorating humanitarian crisis,” said Secretary of Homeland Security Alejandro N. Mayorkas. He further stated that “Under this extension and redesignation, Yemeni nationals and habitual residents of Yemen who have been present in the United States as of Dec. 29, 2022, will be eligible to temporarily stay in the United States until conditions in Yemen improve and individuals can safely return”.

USCIS will continue to process applications submitted under Yemen's previous TPS designation. Individuals who have a pending Form I-821, application for Temporary Protected Status (or Form I-765) and application for Employment Authorization, do not need to file either form again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Yemen, USCIS will grant the individual TPS through Sept. 3, 2024, and issue an EAD valid through the same date.

The extension and redesignation of TPS for Yemen means that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through September 3, 2024. Prior to the conclusion of the 18-month extension, DHS will review conditions to determine whether the TPS designation for Yemen should be extended again or terminated. On the other hand, Yemeni nationals in F-1 status should contact their school’s DSO to determine whether they can avail themselves of the relaxed employment authorization standards.

Eligibility and Application Process for New Applicants

Newly eligible Yemeni nationals can apply for initial TPS status if they can demonstrate continuous residence in the United States since December 29, 2022, and continuous physical presence in the United States since March 4, 2023. 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 January 3, 2023 through September 3, 2024. Applicants may also apply for EADs and travel authorization by submitting the corresponding forms and fee(s) or fee waiver request. TPS and its related work authorization will be approved with a September 3, 2024 expiration date. TPS beneficiaries are authorized to work in the United States and are eligible for an EAD which proves their employment authorization.

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.

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.

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