Biden administration extends TPS protections for Yemeni Nationals, Re-Registration Period Open from January 3rd through March 4th

In this blog post, we share with you an important announcement from the United States Citizenship and Immigration Services (USCIS).

On December 30, 2022, the Department of Homeland Security announced an extension of Temporary Protected Status (TPS) benefits for Yemeni nationals for an 18-month period beginning from March 4, 2023, through September 3, 2024.

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.

This means that Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who are residing in the United States as of December 29, 2022, are eligible for Temporary Protected Status under Yemen’s designation.

Existing beneficiaries of TPS may re-register for benefits during the 60-day re-registration period that runs from January 3, 2023, through March 4, 2023.

Those who do not currently have TPS but who qualify for TPS benefits can register from January 3, 2023 through September 3, 2024.

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:	Sept. 3, 2024
Re-Registration Period for Individuals Who Already Have TPS:	Jan. 3, 2023 – March 4, 2023
Initial Registration Period for Individuals Who do not Currently Have TPS:	Jan. 3, 2023– Sept. 3, 2024
Employment Authorization Document (EAD) Auto-Extended Through:	March 3, 2024
Continuous Residence in the U.S. Since:	Dec. 29, 2022
Continuous Physical Presence in U.S. Since:	March 4, 2023
Initial TPS Designation Date:	Sept. 3, 2015
Current TPS Designation:	March 4, 2023
Federal Register Notice Citation:	88 FR 94

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, “The people of Yemen are continuing to suffer a complex and deteriorating humanitarian crisis. Under this extension and redesignation, Yemeni nationals and habitual residents of Yemen who have been present in the United States as of December 29, 2022, will be eligible to temporarily stay in the United States until conditions in Yemen improve and individuals can safely return.”

For more than a decade, 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 1,700 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 1,200 additional individuals may be eligible for TPS under the redesignation of Yemen. This population includes nationals of Yemen (and individuals without nationality who last habitually resided in Yemen) in the United States in nonimmigrant status or without lawful immigration status.

Re-registration Period January 3, 2023, to March 4, 2023

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 January 3, 2023, through March 4, 2023, 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 January 3, 2023, to September 3, 2024.

Employment Authorization Documents

USCIS will issue new Employment Authorization Documents (EADs) with a September 3, 2024, expiration date for eligible beneficiaries under Yemen’s TPS designation who timely re-register and apply for EADs under this redesignation.

Given the timeframes involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants may receive new EADs before their current EADs expire on March 3, 2023.

Accordingly, as stated in the Federal Register Notice, DHS automatically extends the validity of EADs previously issued under the TPS designation of Yemen through March 3, 2024.

Therefore, TPS beneficiaries can show their EADs with: (1) a March 3, 2023, or September 3, 2021 expiration date on the face of the card and (2) an A–12 or C–19 category code as proof of continued employment authorization through March 3, 2024.

The Federal Register Notice further explains how TPS beneficiaries, and their employers may determine which EADs are automatically extended and how this affects the Form I-9, Employment Eligibility Verification, E-Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE) processes.

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 January 3, 2023, do not need to file either application again. If USCIS approves an individual’s pending Form I-821, USCIS will grant the individual TPS through September 3, 2024. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new 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 January 3, 2023, through the full length of the re-designation period ending September 3, 2024. 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 December 29, 2022 and has been continuously physically present in the United States since March 4, 2023.

To review the complete eligibility requirements, forms, and supporting documentation required with the filing of Form I-821, please click here.

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.

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