TPS extended for Burma, regulatory requirements eased for certain F-1 students

The Department of Homeland Security (DHS) recently announced that it would extend Temporary Protected Status (TPS) for Burma (Myanmar) for 18 months from Nov. 26, 2022, through May 25, 2024. DHS also temporarily suspended employment authorization requirements for certain F-1 students from Burma.

Key Points:

• The extension will allow currently eligible Burmese TPS beneficiaries to retain TPS through May 25, 2024, provided they continue to meet eligibility requirements.
• The TPS extension permits Burmese nationals who were beneficiaries under Burma’s existing designation and who have continuously resided in the U.S. since Sept. 25, 2022, to re-register for TPS.
• TPS beneficiaries re-registering under the extension of TPS for Burma must re-register during the 60-day re-registration period from Sept. 27 through Nov. 26 to ensure they keep their TPS and work authorization without a gap.
• Burmese nationals (or those without a nationality who last resided in Burma) who are nonimmigrant F-1 students and are “experiencing severe economic hardship as a direct result of the current crisis in Burma” can now:
  • Request employment authorization from Nov. 26, 2022, through May 25, 2024.
  • 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 extend TPS for Burma was made due to the ongoing violence and threat posed on civilians lives, DHS said. The agency cited the same reasons in its decision to provide relief for nonimmigrant F-1 students. More information is available 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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