U.S. Citizenship and Immigration Services (USCIS) announced yesterday that current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain their status through the effective termination date of Jan. 5, 2020, must re-register between  June 5, 2018, and Aug. 6, 2018.

Re-registration procedures, including how to renew employment authorization documents, have been published in the Federal Register and on uscis.gov/tps.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free for download on USCIS’ website at uscis.gov/tps.

USCIS will issue new EADs with a Jan. 5, 2020 expiration date to eligible Honduran TPS beneficiaries who timely re-register and apply for EADs. Given the time frames involved with processing TPS re-registration applications, however, USCIS recognizes that not all re-registrants will receive new EADs before their current EADs expire. Accordingly, USCIS has automatically extended the expiration date on EADs issued under the TPS designation of Honduras for 180 days, through Jan. 1, 2019. This automatic extension includes individuals who have EADs with an expiration date of Jan. 5, 2018, and who applied for a new EAD during the last re-registration period but have not yet received their new EADs. 

On May 4, 2018, Secretary of Homeland Security Kirstjen M. Nielsen announced her determination that the statutory conditions supporting Honduras’ TPS designation on the basis of an environmental disaster are no longer met. Secretary Nielsen made her decision to terminate TPS for Honduras after reviewing country conditions and consulting with appropriate U.S. government agencies. To allow time for an orderly transition, she delayed the effective date of the termination by 18 months from the current expiration date of July 5, 2018. As a result of the delayed effective date, Honduras’ TPS designation will end on Jan. 5, 2020. 

U.S. Citizenship and Immigration Services (USCIS) announced yesterday that current beneficiaries of Temporary Protected Status (TPS) under Nepal’s designation who want to maintain their status through the effective termination date of June 24, 2019, must re-register between May 22, 2018, and July 23, 2018.

Re-registration procedures, including how to renew employment authorization documents (EADs), have been published in the Federal Register and on uscis.gov/tps.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an EAD by submitting a completed Form I-765, Application for Employment Authorization, at the time they file Form I-821, or separately at a later date.

USCIS will issue new EADs with a June 24, 2019 expiration date to eligible Nepali TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, however, USCIS recognizes that not all re-registrants will receive new EADs before their current EADs expire on June 24, 2018. Accordingly, USCIS has automatically extended the validity of EADs issued and currently valid under the TPS designation of Nepal for 180 days, through Dec. 21, 2018. 

On April 26, 2018, Secretary of Homeland Security Kirstjen M. Nielsen announced that the statutory conditions supporting Nepal’s TPS designation on the basis of an environmental disaster are no longer met and terminating the designation was required by statute. Secretary Nielsen made her decision after reviewing country conditions and consulting with appropriate U.S. government agencies. To allow time for an orderly transition, she delayed the effective date of the termination for 12 months from the current expiration date of June 24, 2018. As a result of the delayed effective date, Nepal’s TPS designation will end on June 24, 2019.

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DHS published a notice in the Federal Register of the termination of Nicaragua’s designation for Temporary Protected Status (TPS) and also of the six-month extension of Honduras’ TPS designation. Nicaragua’s current TPS designation will expire on January 5, 2018, and there will be a 12-month transition period before it terminates on January 5, 2019. Honduras’ TPS designation was automatically extended for six months through July 5, 2018, during which time DHS will decide whether to extend it, redesignate, or terminate it. The 60-day re-registration period for both Nicaraguan and Honduran TPS beneficiaries will run from December 15, 2017, through February 13, 2018.

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Monday November 6, 2017, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Nicaragua with a delayed effective date of 12 months to allow for an orderly transition before the designation terminates on January 5, 2019. She also determined that additional information is necessary regarding the TPS designation for Honduras, and therefore has made no determination regarding Honduras at this time. As a result of the inability to make a determination, the TPS designation for Honduras will be automatically extended for six months from the current January 5, 2018 date of expiration to the new expiration date of July 5, 2018.

The decision to terminate TPS for Nicaragua was made after a review of the conditions upon which the country’s original 1999 designation were based and whether those substantial but temporary conditions prevented Nicaragua from adequately handling the return of their nationals, as required by statute. There was also no request made by the Nicaraguan government to extend the current TPS status. Based on all available information, including recommendations received as part of an inter-agency consultation process, Acting Secretary Duke determined that those substantial but temporary conditions caused in Nicaragua by Hurricane Mitch no longer exist, and thus, under the applicable statute, the current TPS designation must be terminated.

To allow for an orderly transition, the effective date of the termination of TPS for Nicaragua will be delayed 12 months.  This will provide time for individuals with TPS to seek an alternative lawful immigration status in the United States, if eligible, or, if necessary, arrange for their departure. It will also provide time for Nicaragua to prepare for the return and reintegration of their citizens. TPS for Nicaragua will terminate on January 5, 2019.

Regarding Honduras, Acting Secretary Duke concluded that despite receiving input from a broad spectrum of sources, additional time is necessary to obtain and assess supplemental information pertaining to country conditions in Honduras in order to make an appropriately deliberative TPS designation determination.  Based on the lack of definitive information regarding conditions on the ground compared to pre-Hurricane Mitch, the Acting Secretary has not made a determination at this time, thereby automatically extending the current TPS designation for Honduras for six months – through July 5, 2018.

However, given the information currently available to the Acting Secretary, it is possible that the TPS designation for Honduras will be terminated at the end of the six-month automatic extension with an appropriate delay.

If you have TPS from Nicaragua or Honduras and would like to know what you can to do to protect your stay in the United States please call our office at 513-791-1673 to speak to an attorney about your options.  We will not charge for these calls.

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