Afghanistan TPS registration opens Friday, regulatory requirements eased for certain F-1 students

The Department of Homeland Security (DHS) has announced that it will open registration for Temporary Protected Status (TPS) for Afghanistan on Friday, May 20. Registration will remain open through Nov. 20, 2023. DHS also temporarily suspended employment authorization requirements for certain F-1 students from Afghanistan.

Key Points:

• To be eligible for TPS, Afghan nationals (or those without a nationality who last resided in Afghanistan) must demonstrate they have resided in the U.S. continuously since March 15, 2022, and have been continuously physically present since May 20.
• Applicants have 18 months, from May 20, 2022, through Nov. 20, 2023, to register and complete Form I-821, Application for Temporary Protected Status. They may also request an Employment Authorization Document by submitting Form I-765.
• Those who traveled to the U.S. after March 15 will not be eligible for TPS.
• Afghan nationals (or those without a nationality who last resided in Afghanistan) who are nonimmigrant F-1 students and are “experiencing severe economic hardship as a direct result of the current situation in Afghanistan” can now:
  • Request employment authorization from May 20, 2022, through Nov. 20, 2023.
  • Work an increased number of hours while school is in session.
  • Reduce their course load while continuing to maintain their F-1 nonimmigrant status.
• DHS will consider F-1 nonimmigrant students who gain employment authorization engaged in a “full course of study” for the duration of their employment authorization if the nonimmigrant student satisfies the minimum course load requirement described here.

Additional Information: The decision to designate Afghanistan for TPS was made due to the ongoing armed conflict and threat posed on civilians lives. DHS cited the same reasons in its decision to provide relief for nonimmigrant F-1 students. More information can be found here.

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

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