October 19, 2021

Volume XI, Number 292


October 18, 2021

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Beware of Expiring Work Authorization Documents: TPS for Nepal is Ending

The U.S. Department of Homeland Security has announced that it will terminate the Temporary Protected Status (TPS) designation for Nepal, giving protected Nepalese until June 24, 2019, either to acquire permission to permanently remain in the United States or leave the country.

This action, announced on April 26, follows the recent termination of TPS for Sudanese, Nicaraguans, Haitians, and El Salvadorans, who must leave the United States or seek alternative lawful immigration status by November 2018, January 2019, July 2019 and September 2019, respectively.

On the other hand, TPS was recently extended through July 2018 for Hondurans and through September 2019 for Syrians.

TPS is a form of humanitarian relief established by the Immigration Act of 1990. Under the Act, the Secretary of the Department of Homeland Security may designate a country for TPS when there is an environmental disaster, armed conflict, or other extraordinary event in that country that prevents migrants from returning. Through the TPS program, eligible individuals may obtain work permits, but otherwise do not have a path to permanent residency or U.S. citizenship.

Nepal was first designated for TPS after an earthquake rocked the country in 2015. Roughly 9,000 Nepalese are now living and working in the United States with TPS. In order to comply with employer obligations under the Immigration Reform and Control Act of 1986, employers must re-verify the work eligibility of employees before the expiration date of their employment-authorization documents.

Employment authorization for Nepalese with TPS status will expire on June 24, 2018. They will be required to re-register and apply for employment-authorization documents to continue to legally work in the United States until the termination of Nepal's TPS designation becomes effective on June 24, 2019. Further details about the re-registration period will be released by the U.S. Department of Homeland Security shortly.

Copyright © by Ballard Spahr LLPNational Law Review, Volume VIII, Number 120

About this Author

Daniel Johns, Ballard Spahr Law Firm, Philadelphia, Labor and Employment Attorney

Daniel V. Johns is the Leader of Ballard Spahr's Higher Education Group and is a member of the firm's Labor and Employment Group. Mr. Johns represents and advises employers and management in a variety of labor and employment issues, including discrimination, harassment, and other civil rights litigation; interest and grievance arbitrations; at-will litigation; restrictive covenant/trade secret claims; benefits litigation; independent contractor classification issues; collective bargaining; union avoidance; and unfair labor practice litigation before the National Labor...

Jessica Federico, attorney, Ballard Spahr Law Firm, Minneapolis, MN

Jessica Federico is dedicated to providing advice to employers who are navigating the challenging and ever-changing landscape of employment law. She counsels employers on defense of discrimination claims, wage and hour disputes, employee termination, internal I-9 audits, and filing petitions for employment-based immigrant and non-immigrant visas.

Prior to law school Jessica worked for several legal services providers in the Twin Cities, assisting immigrants in removal of defense, family based immigration, and humanitarian relief.


Maya Salah, Associate

Maya Salah is a member of Ballard Spahr's Labor and Employment Group as well as its White Collar Defense/Internal Investigations practice. She advises national and international clients on employment and business immigration matters, focusing her practice on employment-based immigration, I-9 audits, and corporate immigration compliance.

Her primary areas of focus are in: 

  • Litigation. 
  • Labor and employment. 
  • White collar defense. 
  • Internal investigations. 

Some of Maya's professional accomplishments include being recognized as...

Mary M. O'Brien, Ballard Spahr, labor and employment lawyer
Of Counsel

Mary O'Brien provides clients with strategic counsel and advice as they navigate through an ever-changing, always complex business environment. Her practical approach to business issues is an outgrowth of her upbringing in a family of business owners. Mary learned early that employees are a company's greatest asset and that perspective shapes the advice she gives her clients each day.

Whether she is handling a contract issue, a discrimination complaint, a trade secret concern or a shareholder/employee dispute, Mary helps clients develop a strategy for an efficient...

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