On May 22, 2018, the United States Citizenship and Immigration Services (USCIS) published a Federal Register (FR) notice titled “Termination of the Designation of Nepal for Temporary Protected Status” [PDF version]. The USCIS also released a news alert about the FR notice [PDF version]. We discussed the Department of Homeland Security's (DHS's) decision to terminate Temporary Protected Status (TPS) for Nepal in a previous post [see article].
TPS for Nepal was slated to expire on June 24, 2018, with the DHS's decision to terminate its TPS designation. However, in order to ensure an orderly transition for Nepal TPS beneficiaries, Secretary of Homeland Security Kirstjen Nielsen delayed the effective date of the termination of Nepal TPS until June 24, 2019. Thus, current Nepal TPS beneficiaries will be able to re-register for TPS benefits, in accordance with the provisions of the FR notice, from the period beginning with May 22, 2018, and ending with June 23, 2018. In this article, we will briefly overview the re-registration rules and procedures for Nepal TPS.
Re-Registering for Nepal TPS
Only persons who have previously registered for TPS under the TPS designation for Nepal and whose TPS applications have been granted are eligible to re-register for Nepal TPS.
All individuals seeking to re-register for Nepal TPS must submit the Form I-821, Application for Temporary Protected Status, in accordance with the form filing instructions. Applicants may also have to submit the corresponding Biometric Services Fee. Current TPS-related Employment Authorization Documents (EADs) for Nepal TPS will expire on June 24, 2018. In order to seek a new EAD, a re-registrant will have to file the Form I-765, Application for Employment Authorization, with fee, along with his or her application. Those who are not applying for new EADs need not file the Form I-765, with or without fee. Applicants may also opt to file the Form I-765 at a later date than the Form I-821.
Those who are unable to pay the application and/or biometric services fee may request a fee waiver. This may be done with the Form I-912, Request for Fee Waiver, or by submission of a personal letter requesting the fee waiver and with adequate supporting documentation. We explain the rules for fee waivers in a separate article [see article]. The USCIS advises all re-registration applicants to file as soon as possible. However, this is especially important for those seeking fee waivers. In the event that a fee waiver request is denied, the applicant will be able to re-file his or her application with the requisite fees. The USCIS will consider whether applicants who file after the deadline establish “good cause” for having done so. The USCIS, in any case, encourages applicants whose fee waiver applications are denied to refile within 45 days of the fee waiver denial notice, if possible.
Regarding employment authorization, the FR notice automatically extends existing Nepal TPS-related EADs by 180 days, through December 21, 2018. However, an individual on Nepal TPS who wants to maintain his or her TPS must still re-register in accordance with the provisions of the FR notice. Nepal TPS beneficiaries may show their employers their facially expired EADs in conjunction with the FR notice to establish employment authorization eligibility starting on June 25, 2018.
Conclusion
Those who are re-registering for Nepal TPS benefits should begin determining how they will proceed. Those who have a separate basis for legally remaining in the United States other than TPS should ensure that they will maintain such status beyond the termination of the TPS designation for Nepal on June 24, 2019. Those whose only basis for remaining in the United States is Nepal TPS should consult with an experienced immigration attorney for guidance on whether they may have an alternate path to legal status in the United States or should begin preparing to depart the United States in advance of the impending expiration.
To learn about TPS generally, please see our overview of the subject [see article].
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