DHS to end Temporary Protected Status for Nepal

The Department of Homeland Security has said that it will terminate Temporary Protected Status for Nepal. The termination date will be extended 12 months to allow for an orderly transition.

Key points:

• Temporary protected status for Nepalese nationals will end June 24, 2019.
• Nepalese nationals who hold TPS will be required to reapply for employment authorization documents in order to legally work in the United States until the termination date.
• DHS has not yet said when the re-registration period will open and close. This information is expected to be published soon in the Federal Register.

Background: Temporary protected status allows certain foreign nationals to legally remain in the U.S. and apply for an employment authorization document following a designation by DHS that conditions resulting from natural disasters, unrest or other extraordinary and temporary circumstances prevent them from returning home. Nepal was designated for TPS in 2015 following a 7.8 magnitude earthquake. DHS said in a statement that “conditions in Nepal have notably improved” and no longer support a TPS designation. The end of TPS for Nepal is expected to affect roughly 9,000 Nepalese nationals in the U.S.

In recent months, the Trump administration has extended TPS for South Sudan and Syria, but has moved to end the designation for El Salvador, Haiti, Nicaragua and Sudan. The administration also announced that it would end Deferred Enforced Departure for Liberian nationals. A decision on Honduras’ TPS designation is expected in the coming weeks.

BAL Analysis: DHS is advising Nepalese nationals to prepare for and arrange their departure from the U.S. or apply for other types of visas during the 12-month transition period. Nepalese nationals who wish to remain in the U.S. during the transition period will be required to re-register for TPS and apply for employment authorization documents. BAL will continue to monitor the Federal Register for information about when the re-registration period to extend TPS benefits will open.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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