September 26, 2021

Volume XI, Number 269

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September 24, 2021

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September 23, 2021

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Yemeni TPS Extended

Yemeni Temporary Protected Status (TPS) will be extended for 18 months, until March 3, 2023, according to an announcement from Secretary of Homeland Security Alejandro N. Mayorkas.

The Secretary decided to extend and re-designate Yemen for TPS because, due to “ongoing armed conflict,” the country “continues to experience worsening humanitarian and economic conditions,” including “lack of access to food, water, and healthcare; large-scale destruction of Yemen’s infrastructure; significant population displacement; an ongoing cholera outbreak since 2016; and the COVID-19 pandemic’s worsening of a dire economic and humanitarian situation.”

TPS is granted when conditions in a country temporarily prevent nationals from safely returning to their home country or when the country cannot handle their return due to conditions on the ground.

Current Yemeni TPS holders will need to re-register and apply for extensions of employment authorization (EADs) during the 60-day registration period that runs from July 9, 2021, through September 7, 2021, to maintain TPS and employment authorization. Eligible Yemenis who do not yet have TPS may submit an initial application between July 9, 2021, and March 3, 2023. One of the eligibility criteria for an initial application is showing continuous residence in the United States since July 5, 2021.

Because of delays in adjudicating EAD applications, Yemeni TPS holders who have EADs that expire on September 3, 2021, and have filed timely renewal applications are eligible for an automatic extension of EAD validity for 180 days – until May 2, 2022. Anyone with a pending EAD application does not need to re-apply. Once the individual’s case is adjudicated, the EAD will be renewed until March 3, 2023, based upon Secretary Mayorkas’ recent announcement.

According to the Department of Homeland Security, there are approximately 1,700 current beneficiaries of Yemeni TPS in the United States. Close to 500 others will be eligible for initial TPS applications. Work limits on Yemeni students will also be relaxed. DHS also announced that it will provide relief to Yemeni students in the United States. Those in F-1 status will be allowed to request employment authorization to work increased hours.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 195
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About this Author

Associate

Brian Shyr is an Associate in the Washington, D.C. Region office of Jackson Lewis P.C. His practice focuses on representing employers in business immigration matters, including obtaining employment-based visas and permanent residence for foreign national employees. While attending law school, Mr. Shyr represented individual clients in removal proceedings and organizational clients in research projects as part of the Immigrant Justice Clinic. He also served as a clerk in the Department of Justice’s Office of Immigration Litigation.

703-483-8300
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