United States | DHS announces termination of Nepal TPS designation

The Department of Homeland Security published notice in the Federal Register that the designation of Nepal for Temporary Protected Status (TPS) will terminate on Aug. 5, 2025.

Key Points:

• The notice states that the DHS Secretary determined that Nepal no longer continues to meet the conditions for the designation of TPS.
• Nationals of Nepal (and nonimmigrants with no nationality who last habitually resided in Nepal) who have been granted TPS under Nepal’s designation will no longer have TPS as of Aug. 5, 2025 (60 days after the publication date in the Federal Register).
• Through the notice, DHS automatically extends the validity of certain Employment Authorization Documents (EADs) previously issued under the TPS designation of Nepal through Aug. 5, 2025.
• The notice states that as continued proof of employment authorization through Aug. 5, 2025, Nepalese TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under “Category” and a “Card Expires” date of June 24, 2018; June 24, 2019; March 24, 2020; Jan. 4, 2021; Oct. 4, 2021; Dec. 31, 2022; June 30, 2024; and June 24, 2025.

Additional Information: Nepal was initially designated for TPS on June 24, 2015, for a period of 18 months, based on an earthquake that resulted in a substantial disruption of living conditions. Since then, TPS has been extended several times, with the last 18-month extension starting on Dec. 25, 2023, and in effect through June 24, 2025.

DHS estimates that approximately 12,700 nationals of Nepal (and nonimmigrants having no nationality who last habitually resided in Nepal) hold TPS under Nepal’s designation. Of those, approximately 5,500 have become lawful permanent residents of the U.S.

DHS determined that “conditions in Nepal have improved in several areas relevant to the affected living conditions and Nepal’s ability to handle the return of its nationals.” The termination notice can be viewed here.

The termination of the designation is subject to litigation. BAL will continue to monitor this litigation and related cases.

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

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