In light of the massive devastation following the recent earthquake in Nepal, the U.S. Department of Homeland Security has just issued a regulation designating Nepal for Temporary Protection Status.  This is a form of humanitarian aid to Nepal by the United States in that it will hopefully allow Nepal’s citizens who are located in the U.S. to send more direct remittances back home to the communities that are suffering following the devastating earthquakes in that country.

What exactly is Temporary Protected Status (TPS)?

TPS is a temporary immigration status, including work authorization, granted to eligible nationals of a country designated for TPS by the U.S government, or to eligible individuals without nationality who last habitually resided in the designated country. Following the designation of a foreign state for TPS, the government may then grant TPS to eligible nationals of that foreign state (or to those having no nationality who last habitually resided in that state). TPS designation may be granted due to an ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions.  The U.S. government has determined that the earthquake in Nepal has resulted in a substantial disruption of living conditions and has designated Nepal for TPS for a period of 18 months, effective from June 24, 2015 through December 24, 2016.

What are the eligibility requirements?

To be eligible to apply for TPS, individuals must be:

  • Nepalese nationals or individuals without nationality who last habitually resided in Nepal;
  • Continuously physically present and continuously residing in the United States since June 24, 2015;
  • Not have committed a felony or two misdemeanors;
  • Register for TPS within the registration period, starting on June 24, 2015 and ending on December 21, 2016. If the individual is currently in valid nonimmigrant status, late registration is allowed within 60 days of status expiration or termination.
  • Not be otherwise inadmissible, subject to certain exceptions.

How may this TPS designation help Nepalese nationals in the U.S.?

During the designation period, TPS beneficiaries are eligible to remain in the United States and to apply for employment authorization. TPS beneficiaries may also be eligible to apply for authorization to travel abroad, as determined on a case by case basis. And while Nepalese nationals who are no longer in lawful immigration status should definitely consider applying for TPS, those who are in valid nonimmigrant status may also find TPS helpful because it leads to employment authorization.

I am already in F-1 status.  How does this help my family?

Employment authorization eligibility is an integral part of Nepal’s TPS designation and may be a valid reason to apply for TPS even for those who currently have valid immigration status.

  • An F-1 student who recently graduated and whose H-1B case was rejected during the annual USCIS lottery or whose employer is unwilling to bear the costs of an H-1B case may now apply for TPS and employment authorization.
  • The F-2 spouse of an F-1 student may also apply for TPS if he or she would like to work.

As with most immigration matters, there are pros and cons of applying for TPS and they should be evaluated carefully on a case by case basis.

What happens after the initial TPS registration period is over?

The government may extend the Nepal TPS designation if the adverse conditions and substantial disruptions remain at the end of the initial period. Currently there are 12 countries approved for TPS and some of them had their initial designation approved as far back as 1999. It is impossible to predict whether TPS designation will be renewed.  However, considering the sheer scale of the Nepal earthquake devastation, it will be highly unlikely that the U.S. government will fail to renew its TPS designation in December 2016.