Designation of Nepal for Temporary Protected Status (TPS)

Published on June 24, 2015

Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Nepal for Temporary Protected Status (TPS) for a period of 18 months, effective June 24, 2015 through December 24, 2016. Under section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that the foreign state has experienced an earthquake resulting in a substantial, but temporary, disruption of living conditions.

This designation allows eligible Nepalese nationals (and aliens having no nationality who last habitually resided in Nepal) who have continuously resided in the United States since June 24, 2015, and have been continuously physically present in the United States since June 24, 2015 to be granted TPS. This Notice also describes the other eligibility criteria applicants must meet.

Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on June 24, 2015 and ends on December 21, 2015. They may also apply for Employment Authorization Documents (EAD) and for travel authorization. Through this Notice, DHS also sets forth the procedures for nationals of Nepal (or aliens having no nationality who last habitually resided in Nepal) to apply for TPS, EADs, and travel authorization with U.S. Citizenship and Immigration Services (USCIS).

Extension of the the Designation of Nepal for TPS

Published on October 26, 2016

Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Nepal for Temporary Protected Status (TPS) for a period of 18 months, effective December 25, 2016, through June 24, 2018.

This extension allows eligible Nepalese nationals (and aliens having no nationality who last habitually resided in Nepal) to retain TPS through June 24, 2018, so long as they otherwise continue to meet the eligibility requirements for TPS. The Secretary has determined that an extension is warranted because conditions in Nepal supporting its designation for TPS continue to be met.

Through this Notice, DHS also sets forth procedures necessary for nationals of Nepal (or aliens having no nationality who last habitually resided in Nepal) to re-register for TPS and to apply for renewal of their Employment Authorization Documents (EAD) with U.S. Citizenship and Immigration Services (USCIS). Re-registration is limited to persons who have previously registered for TPS under the designation of Nepal and whose applications have been granted. Certain nationals of Nepal (or aliens having no nationality who last habitually resided in Nepal) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions, if they meet: (1) At least one of the late initial filing criteria; and, (2) all TPS eligibility criteria (including continuous residence in the United States since June 24, 2015, and continuous physical presence in the United States since June 24, 2015).

For individuals who have already been granted TPS under Nepal’s designation, the 60-day re-registration period runs from October 26, 2016 through December 27, 2016. USCIS will issue new EADs with a June 24, 2018 expiration date to eligible Nepal TPS beneficiaries who timely re-register and apply for EADs under this extension. Given the timeframes involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on December 24, 2016. Accordingly, through this Notice, DHS automatically extends the validity of EADs issued under the TPS designation of Nepal for 6 months, through June 24, 2017, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and their impact on the Employment Eligibility Verification (Form I-9) and E-Verify processes.

Termination of the Designation of Nepal for TPS

Published on May 22, 2018

The designation of Nepal for Temporary Protected Status (TPS) is set to expire on June 24, 2018. After reviewing country conditions and consulting with appropriate U.S. Government agencies, the Secretary of Homeland Security has determined that conditions in Nepal no longer support its designation for TPS and that termination of the TPS designation of Nepal is required pursuant to statute. To provide time for an orderly transition, the Secretary is terminating the designation effective on June 24, 2019, which is 12 months following the end of the current designation.

Nationals of Nepal (and aliens having no nationality who last habitually resided in Nepal) who have been granted TPS and wish to maintain their TPS and receive TPS-based Employment Authorization Documents (EAD) valid through June 24, 2019, must re-register for TPS in accordance with the procedures set forth in this Notice. After June 24, 2019, nationals of Nepal (and aliens having no nationality who last habitually resided in Nepal) who have been granted TPS under the Nepal designation will no longer have TPS.

Continuation of Documentation for Beneficiaries of TPS Designations for Nepal and Honduras

Published on May 10, 2019

Through this Notice, the Department of Homeland Security (DHS) announces actions to ensure its compliance with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019) (“order to stay proceedings”). The claims raised in Bhattarai v. Nielsen are similar to, and will be informed by the resolution of, the claims being litigated before the Ninth Circuit Court of Appeals in Ramos v. Nielsen, No. 18-16981 (9th Cir. filed Oct. 12, 2018). For that reason, DHS will not implement or enforce the decision to terminate Temporary Protected Status (TPS) for Honduras or Nepal pending the resolution of the Ramos v. Nielsen appeal, or by other order of the court. Beneficiaries under the TPS designations for Nepal and Honduras will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility.

DHS is further announcing it is automatically extending through March 24, 2020, the validity of TPS-related Employment Authorization Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and Forms I-94 (Arrival/Departure Record) (collectively “TPS-Related Documentation”), as specified in this Notice, for beneficiaries under the TPS designation for Nepal, provided that the affected TPS beneficiaries remain otherwise individually eligible for TPS. The TPS designation for Honduras remains in effect through January 5, 2020. See 83 FR 26074 (June 5, 2018). This Notice also provides information explaining DHS’s plans to issue subsequent notices that will describe the steps DHS will take to address the TPS status of beneficiaries under the TPS designations for Honduras and Nepal, if continued compliance with the order to stay proceedings during the pendency of the Ramos v. Nielsen appeal become necessary.

Continuation of Documentation for Beneficiaries of TPS Designations for Nepal and Honduras; Correction

Published on May 22, 2019

The Department of Homeland Security (DHS) makes a correction to the notice titled “Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Nepal and Honduras” published in the Federal Register on May 10, 2019, at 84 FR 20647. The CIS No., the DHS Docket No., and the RIN in the notice are corrected as follows: the CIS No. is updated to read “CIS No. 2647-19”; the DHS Docket No. is updated to read “DHS Docket No. USCIS-2019-0009”; and the RIN is updated to read “RIN 1615-ZB80.”

Continuation of Documentation for Beneficiaries of TPS Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

Published on November 04, 2019

Through this notice, the Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction orders of the U.S. District Court for the Northern District of California in Ramos, et al. v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (“Ramos”) and the U.S. District Court for the Eastern District of New York in Saget, et al., v. Trump, et al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (“Saget”), and with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019) (“Bhattarai”). Beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, Nicaragua, and Sudan will retain their TPS while the preliminary injunction in Ramos remains in effect, provided that an alien’s TPS is not withdrawn because of individual ineligibility. Beneficiaries under the TPS designation for Haiti will retain their TPS while either of the preliminary injunctions in Ramos or Saget remain in effect, provided that an alien’s TPS is not withdrawn because of individual ineligibility. This notice further provides information on the automatic extension of the validity of TPS-related Employment Authorization Documents (EADs); Notices of Action (Forms I-797); and Arrival/Departure Records (Forms I-94), (collectively “TPS-related documentation”); for those beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.