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DHS Extends and Redesignates Burma (Myanmar) for Temporary Protected Status; Extends Relaxed Employment Options for Burmese F-1 Students

The Department of Homeland Security (DHS) has extended and redesignated Burma (Myanmar) for Temporary Protected Status (TPS), from May 26, 2024 through November 25, 2025. The registration period for new TPS applicants will run from March 25, 2024 to November 25, 2025. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time. Current Burmese TPS beneficiaries who wish to extend their benefits will be required to re-register between March 25, 2024 and May 24, 2024. Those whose current EADs will expire before receiving a new one will receive an automatic extension through May 25, 2025. DHS is also extending the relaxation of certain employment authorization rules for Burmese students in F-1 status who are experiencing severe economic hardship as a direct result of the current armed conflict and humanitarian crisis in Burma.

The issue

The Department of Homeland Security (DHS) has extended and redesignated Burma (Myanmar) for Temporary Protected Status (TPS) for 18 months, from May 26, 2024 through November 25, 2025. Current Burmese TPS beneficiaries will have 60 days, from March 25, 2024 to May 24, 2024, to request an 18-month extension of status and work authorization. New applicants will have from March 25, 2024 to November 25, 2025, to file for TPS status and for related employment authorization documents (EADs) and travel permission. 

DHS has determined that conditions in Burma warrant continued and renewed Temporary Protected Status (TPS) due to the ongoing armed conflict and humanitarian crisis in the country. The agency has determined that current conditions prevent Burmese nationals from returning to Burma safely. 

Relatedly, DHS is also extending the relaxation of certain employment authorization rules for Burmese citizens in F-1 status who are experiencing severe economic hardship due to the current crisis in Burma. 

TPS eligibility and application process for new applicants

Burmese nationals can apply for this designation if they have continuously resided in the United States since March 21, 2024, and have been continuously physically present in the United States since May 26, 2024. Applicants must file a Form I-821 application with appropriate fees (or request for fee waiver) with U.S. Citizenship and Immigration Services (USCIS) within the redesignation period from March 25, 2024 to November 25, 2025. Applicants may also apply for EADs and for travel authorization during this time, by submitting the corresponding forms and fees or fee waiver request.

All individuals applying for TPS undergo security and background checks as part of determining eligibility. Biometrics collection (fingerprinting) is generally required for applicants ages 14 and older.

Re-registration process for current TPS holders

Current Burmese TPS beneficiaries can continue to extend their status and work authorization provided that they previously registered for TPS under the designation of Burma and their application was granted.

  • Who may re-register: Re-registration is limited to those who previously registered for and were granted TPS under the designation for Burma.
  • When to re-register: Current Burmese TPS beneficiaries must submit Form I-821 to USCIS between March 25, 2024 and May 24, 2024.
  • Extending employment authorization: Beneficiaries who wish to extend their employment authorization for 18 months must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
  • Automatic EAD extensions: DHS is providing an automatic extension, through May 25, 2025, for EADs bearing an expiration date of May 25, 2024, or November 25, 2022, and an A-12 or C-19 category. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD.
  • Pending TPS and/or EAD applications from prior registration period: There is no need for a foreign national with a pending TPS and/or EAD application to file a second application in order to benefit from the extension. For applications that are pending when the re-registration period begins on March 25, 2024, approval notices and document expiration dates will reflect the latest expiration date of November 25, 2025.

Relaxed employment authorization rules for certain Burmese students in F-1 status

Separately, Burmese citizens in lawful F-1 student status will continue to benefit from relaxed employment authorization rules if they are experiencing severe economic hardship due to the current crisis in Burma. Eligible students can request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain a “full course of study” designation. To qualify, F-1 students must establish that they:

  • Are citizens of Burma (or have no nationality and last habitually resided in Burma);
  • Are lawfully present in the United States in F-1 status on March 25, 2024;
  • Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for F-1 students;
  • Are currently maintaining F-1 status; and
  • Are experiencing severe economic hardship as a direct result of the current armed conflict and humanitarian crisis in Burma (Myanmar). 

F-1 students who receive authorization from their Designated School Official (DSO) to work off-campus must apply for an EAD by submitting the required application form and corresponding fee (or fee waiver request). F-1 students who will be working on-campus do not need to file for an EAD, but do require DSO authorization. 

Looking ahead

The extension and redesignation of TPS for Burma (Myanmar) means that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through November 25, 2025. Prior to the conclusion of the 18-month extension, the DHS Secretary will review conditions to determine whether Burma’s TPS designation should be extended again. Burmese citizens in F-1 status should reach out to their school’s DSO to determine whether they can avail themselves of the relaxed employment authorization standards.

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