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DHS Extends and Redesignates Yemen for Temporary Protected Status, Extends Relaxed Employment Options for Yemeni F-1 Students

The Department of Homeland Security has extended and redesignated Yemen for Temporary Protected Status (TPS), from March 4, 2023 through September 3, 2024.  The initial registration period for new TPS applicants will run from January 3, 2023 through September 3, 2024. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time. Current Yemeni TPS beneficiaries who wish to extend their benefits will be required to re-register by March 4, 2023. Those whose EADs expire on March 3, 2023 or September 3, 2021 will receive an automatic extension, through March 3, 2024. DHS is also extending the suspension of certain employment authorization rules for Yemeni students in F-1 status who are experiencing severe economic hardship as a direct result of the crisis in Yemen.

The issue

The Department of Homeland Security (DHS) has extended and redesignated Yemen for Temporary Protected Status (TPS) for 18 months, from March 4, 2023 through September 3, 2024, according to a notice scheduled for publication in the Federal Register. Current Yemeni TPS beneficiaries will have 60 days, from January 3, 2023 through March 4, 2023, to request an 18-month extension of status and work authorization. New applicants will have from January 3, 2023 through September 3, 2024 to apply for initial TPS status and related employment authorization documents (EADs) and travel permission.

DHS has determined that conditions in Yemen warrant continued and renewed Temporary Protected Status (TPS), due to the ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals from safely returning to their country.

Relatedly, DHS is also extending the suspension of certain employment authorization rules for Yemeni nationals in F-1 status who are experiencing severe economic hardship due to the continuing crisis in Yemen.

TPS eligibility and application process for new applicants

Newly eligible Yemeni nationals can apply for initial TPS status if they can demonstrate continuous residence in the United States since December 29, 2022, and continuous physical presence in the United States since March 4, 2023. Applicants must file a Form I-821 application with appropriate fee(s) (or request for fee waiver) with U.S. Citizenship and Immigration Services (USCIS) during the initial registration period, which runs from January 3, 2023 through September 3, 2024. Applicants may also apply for EADs and travel authorization during this time, by submitting the corresponding forms and fee(s) or fee waiver request. TPS and its related work authorization will be approved with a September 3, 2024 expiration date.

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 Yemeni TPS beneficiaries can continue to extend their status and work authorization provided that they previously registered for TPS under the designation of Yemen 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 Yemen.
  • When to re-register: Current Yemeni TPS beneficiaries must submit Form I-821 to USCIS between January 3, 2023 and March 4, 2023.
  • Extending employment authorization: Beneficiaries who wish to extend their employment authorization must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
  • 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 January 3, 2023, approval notices and document expiration dates will reflect the latest expiration date of September 3, 2024.
  • Automatic EAD extensions: As DHS recognizes that re-registrants may not receive new EADs before their current cards expire, DHS is providing an automatic extension, through March 3, 2024, for EADs bearing a Category code of A-12 or C-19 and an expiration date of March 3, 2023, or September 3, 2021. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD. 

Extension of relaxed employment options for certain Yemeni students in F-1 status

Separately, DHS is renewing its suspension of certain employment authorization rules for Yemeni students in F-1 status who are experiencing severe economic hardship as a result of the crisis in Yemen. The relaxed employment authorization rules for such students, which were set to expire on March 3, 2023, have been extended through September 3, 2024.

Under the relaxed rules, qualifying Yemeni F-1 students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load, while continuing to maintain their F-1 nonimmigrant student status. DHS will deem students who obtain employment authorization under this policy to be engaged in a “full course of study” if the student maintains the minimum course load requirements described in the Federal Register notice extending the policy.

To qualify, F-1 students must establish that they:

  • Are citizens of Yemen (or individuals having no nationality who last habitually resided in Yemen);
  • Were lawfully present in the United States in F-1 status on January 3, 2023;
  • Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified;
  • Are currently maintaining F-1 status; and
  • Are experiencing severe economic hardship as a direct result of the current crisis in Yemen.

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

Looking ahead

The extension and redesignation of TPS for Yemen means that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through September 3, 2024. Prior to the conclusion of the 18-month extension, DHS will review conditions to determine whether the TPS designation for Yemen should be extended again or terminated.

Yemeni nationals in F-1 status should contact their school’s DSO to determine whether they can avail themselves of the relaxed employment authorization standards.

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