Biden administration extends TPS protections for Yemeni Nationals, Re-Registration Now Open — Visa Lawyer Blog — July 15, 2024
In this blog post, we share with you an important announcement from the United States Citizenship and Immigration Services (USCIS).
On July 8, 2024, the Department of Homeland Security announced an extension of Temporary Protected Status (TPS) benefits for Yemeni nationals for an 18-month period beginning from September 4, 2024 through March 3, 2026.
The Biden administration has made the decision to extend Temporary Protected Status for Yemeni nationals due to ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals from safely returning to their home country.
Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) continuously residing in the United States since July 2, 2024, are eligible for Temporary Protected Status under Yemen’s designation.
Existing beneficiaries of TPS may re-register to maintain their benefits during the 60-day re-registration period that runs from July 10, 2024, through September 9, 2024.
Those who do not currently have TPS but who qualify for TPS benefits can register from July 10, 2024, through March 3, 2026.
It is important for re-registrants to timely re-register during the registration period and not wait until their Employment Authorization Documents (EADs) expire, as delaying reregistration could result in gaps in their employment authorization documentation.
The main benefit of applying for TPS is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).
Important Dates Temporary Protected Status for Yemen
| TPS Extended Through: | March 3, 2026 |
| Re-Registration Period for Individuals Who Already Have TPS: | July 10, 2024 – Sept. 9, 2024 |
| Initial Registration Period for Individuals Who Do Not Currently Have TPS: | July 10, 2024 – March 3, 2026 |
| Employment Authorization Document (EAD) Auto-Extended Through: | Sept. 3, 2025 |
| Continuous Residence in the United States Since: | July 2, 2024 |
| Continuous Physical Presence in United States Since: | Sept. 4, 2024 |
| Initial TPS Designation Date: | Sept. 3, 2015 |
| Current TPS Designation: | Sept. 4, 2024 |
| Federal Register Notice Citation: | 89 FR 56765 |
Extension of Designation of Yemen for TPS
After announcing the 18-month extension and redesignation of Temporary Protected Status (TPS) for the country of Yemen, Secretary of Homeland Security, Alejandro Mayorkas stated, “Yemen has been in a state of protracted conflict for the past decade, severely limiting civilians’ access to water, food, and medical care, pushing the country to the brink of economic collapse, and preventing Yemeni nationals living abroad from safely returning home. 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.”
Yemen has been plagued by violent conflict resulting from a brutal civil war that has claimed the lives of more than 377,000 people, resulting in large-scale civilian displacement throughout Yemen. Additionally, deteriorating humanitarian conditions, large-scale public health crises, and international conflicts are major concerns that prevent Yemeni nationals from safely returning home.
Currently, there are an estimated 2,300 beneficiaries receiving TPS benefits under Yemen’s designation. The program’s extension will mean that these beneficiaries can re-register for benefits and retain TPS status, so long as they can demonstrate that they continue to meet the TPS eligibility requirements.
It is estimated that approximately 1,700 additional individuals may be eligible for TPS under the redesignation of Yemen. This population includes nationals of Yemen in the United States in nonimmigrant status or without lawful immigration status. This extension and redesignation does not apply to those who were not already in the United States on July 2, 2024.
Re-registration Period July 10, 2024, to September 9, 2024
Current beneficiaries re-registering under the extension of TPS for Yemen must re-register in a timely manner during the 60-day registration period that runs from July 10, 2024, through September 9, 2024, to ensure they keep their TPS and work authorization without experiencing employment interruptions.
Those who do not currently have TPS but who qualify can register for TPS during the initial registration period that runs from July 10, 2024, through March 3, 2026.
Employment Authorization Documents
Given the timeframes involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants may receive new Employment Authorization Documents (EADs) before their current EADs expire. Due to this USCIS is automatically extending the validity of EADs previously issued under Yemen’s TPS designation through September 3, 2025.
The Federal Register Notice further explains how to apply for TPS as a new or current beneficiary under Yemen’s extension and redesignation. The notice also explains eligibility criteria, timelines, and procedures for re-registration and renewal of EADs.
Yemeni nationals with pending I-821 or I-765 Applications
Individuals who have a Yemen TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of July 10, 2024, do not need to file either application again. If USCIS approves an individual’s pending Form I-821 and accompanying Form I-765, USCIS will grant the individual TPS through March 3, 2026 and issue an EAD that will be valid through the same date.
First time TPS applicants
Under the re-designation of Yemen, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from July 10, 2024, through the full length of the re-designation period March 3, 2026. Applicants are also eligible to apply for TPS-related Employment Authorization Documents (EADs) and for travel authorization by filing Form I-765 Application for Employment Authorization and Form I-131 Application for Travel Document with USCIS.
To be eligible for first-time TPS, you must demonstrate that you are a Yemeni national (or that last habitually resided in Yemen) who has been continuously residing in the United States since July 2, 2024.
To review the complete eligibility requirements, forms, and supporting documentation required with the filing of Form I-821, please click here.
Special Student Relief
The Department of Homeland Security has also released a Special Student Relief notice for F-1 nonimmigrant students who are citizens of Yemen. The notice will allow eligible students from Yemen to request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 status through the TPS designation period.
Where Can I find More Information?
The Department of Homeland Security has published the official notice of extension and redesignation of Yemen for TPS in the Federal Register outlining the application procedures and eligibility for Yemeni nationals seeking an extension of their TPS benefits, as well as those wishing to apply for TPS benefits for the first time.
Need help re-registering? We can help. Contact us today to schedule a consultation to discuss your eligibility under Yemen’s re-designation by texting 619-483-4549 or calling us at 619-819-9204. We look forward to helping you.
Helpful Links
JOIN OUR NEW FACEBOOK GROUP
Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.
