The Department of Homeland Security (DHS) announced that registration for Temporary Protected Status (TPS) for Sudan would be open from Tuesday, April 19, through Oct. 19, 2023. DHS also announced it would temporarily suspend employment authorization requirements for certain F-1 students from Sudan.

Key Points:

  • To be eligible for TPS, Sudanese nationals (or those without a nationality who last resided in Sudan) must demonstrate they have resided in the U.S. continuously since March 1, 2022, and have been continuously physically present in the U.S. since April 19.
  • Applicants have 18 months, from April 19, 2022, through Oct. 19, 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 1 will not be eligible for TPS.
  • Sudanese nationals (or those without a nationality who last resided in Sudan) who are nonimmigrant F-1 students and are “experiencing severe economic hardship as a direct result of the current crisis in Sudan” can now:
    • Request employment authorization from April 19, 2022, through Oct. 19, 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 add Sudan under TPS was made due to the recent military takeover of Sudan’s government, political instability and ongoing humanitarian crisis. DHS cited similar 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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