The Department of Homeland Security (DHS) recently announced an extension and redesignation of Temporary Protected Status (TPS) for Ethiopian nationals. Current Ethiopian beneficiaries of TPS status may re-register for TPS and renew their employment authorization while initial registrants may apply for TPS and employment authorization. This extension and redesignation begins on June 13, 2024, and ends on December 12, 2025, lasting 18 months.
Recommended Action: Existing TPS Beneficiaries, Initial Applicants, and Pending Applicants
Current TPS beneficiaries have until June 14, 2024, to re-register for TPS status. No application fee is required for current TPS beneficiaries to file Form I-821, Application for Temporary Protected Status. Current beneficiaries who have employment authorization should not wait to re-register until their EADs expire to avoid gaps in employment authorization.
Initial applicants, Ethiopian nationals along with individuals who last resided in and customarily reside in Ethiopia, may apply for TPS status until December 12, 2025. These applicants must have continuously resided in the U.S. since April 11, 2024, and must have been continuously physically present in the U.S. since June 13, 2024. An application fee to file Form I-821 is required for initial applicants. However, this fee may be waived by filing Form I-912, Request for Fee Waiver. Additionally, initial applicants who wish to work in the U.S. while in TPS may apply for work authorization by filing Form I-765, Application for Employment Authorization.
For those individuals who had pending Ethiopian TPS applications as of April 15, 2024, which are thereafter approved, USCIS will grant TPS through December 12, 2025. As such, pending applicants need not re-file to benefit from this extension.
To note, all applicants who wish to travel outside the U.S. may apply for travel authorization by filing Form I-131, Application for Travel Documentation. However, applicants should not travel outside the U.S. while Form I-131 is pending. Once Form I-131 is approved, the applicant may travel outside the U.S. but only if the applicant is in lawful presence (either TPS has been approved or the applicant has other current lawful nonimmigrant status). Applicants should exercise caution in traveling outside the U.S. and should consult an immigration attorney prior to travel as departure may have serious consequences.
TPS: A Background
Temporary Protected Status (TPS) allows nationals (and individuals who last resided in and customarily reside in) of a foreign country that is presently unsafe to live and work in the U.S. temporarily until it is safe to return to their national country. The Secretary of Homeland Security may designate a foreign country for TPS status due to armed conflict, environmental disasters, epidemics, or other extraordinary and temporary conditions. Congress established TPS as part of the Immigration Act of 1990 to protect foreign nationals from returning to their home country if a present risk of death, violence, or disease arises while the foreign national is in the U.S.
While TPS authorization is in effect, TPS beneficiaries may not be deported from the United States and may apply for work and travel authorization. However, once the TPS designation is removed, TPS beneficiaries return to their former immigration status prior to TPS, unless the status has expired, or a new immigration status has been obtained. Former TPS beneficiaries who no longer have lawful status are subject to removal and will begin accruing unlawful presence, possibly triggering a 3/10-year ban from the U.S.
TPS Designation: Ethiopia
The Department of Homeland Security designated Ethiopia for Temporary Protected Status on December 12, 2022, due to armed conflict and other extraordinary conditions, that prohibited Ethiopian nationals from safely returning to Ethiopia. These conditions have not changed.
Ethiopia is in a state of urgent humanitarian crisis. In 2020, an armed conflict erupted between Ethiopian state forces, militias, and non-state armed groups. This conflict led to mass civilian death, injury, and the complete destruction of infrastructure. While the armed conflict subsided in 2023, serious human rights abuses have persisted, and 2 million people have been displaced.
Ethiopia has also suffered immense environmental catastrophes. The Northern regions have endured severe drought since 2020, destroying livestock and causing food insecurity. Conversely, the Southern regions have endured immense flooding and mudslides, causing serious damage to infrastructure and farmlands. As a result of the environmental disasters, about 1,423,000 Ethiopians have been internally displaced.
Because of environmental factors, among other conditions, Ethiopia has also been rattled by four outbreaks of transmissible diseases: cholera, measles, malaria, and dengue. To learn more about the current humanitarian crisis, see DHS Notice of Temporary Protected Status (TPS) Extension and Redesignation.
For questions on how to apply for TPS or to discuss any other immigration matters, please contact us by filling out the form below.
This blog was published on May 28, 2024. Changes may occur due to frequent policy updates. Please keep up to date by following us on LinkedIn.
