United States | DHS terminates designation of Burma (Myanmar) for TPS effective January 2026

The Department of Homeland Security published notice of the termination of the designation of Burma (Myanmar) for Temporary Protected Status (TPS), effective Jan. 26, 2026.

Key Points:

• DHS has determined that “while certain extraordinary and temporary conditions may remain [in Burma], such conditions no longer hinder the safe return of aliens who are nationals of Burma to the country.”
• In addition, DHS has determined that terminating Burma’s designation of TPS is required because “it is contrary to the national interest to permit Burmese nationals to remain temporarily in the United States.” The published notice specifically refers to the rate of Burmese overstay rates, which were over 15 times higher for B-1/B-2 visas and over 17 times higher for F, M and J visas in fiscal year 2024 than the average visa overstay rates of all countries in that time.
• Through the Nov. 25 Federal Register notice, DHS automatically extends the validity of certain Employment Authorization Documents (EADs) previously issued under the TPS designation of Burma through Jan. 26, 2026. As proof of continued employment authorization through Jan. 26, 2026, TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of Nov. 25, 2025; May 25, 2024; or Nov. 25, 2022.
• After Jan. 26, 2026, Burmese nationals (and nonimmigrants having no nationality who last habitually resided in Burma) who have been granted TPS under Burma’s designation will no longer have TPS.
• BAL continues to monitor related legal developments.

Additional Information: DHS estimates that there are 3,969 current approved beneficiaries under the designation of Burma for TPS.

Burma was initially designated for TPS on May 25, 2021, based on extraordinary and temporary conditions. Following the initial designation, the existing designation was extended and newly designated for TPS in 2022, and again from May 26, 2024, to Nov. 25, 2025.

This alert has been provided by the BAL U.S. Practice Group.

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