United States: DHS Designates Afghanistan for TPS, Expands Employment Options for Afghan Students

Afghan nationals can apply for TPS if they can demonstrate that they have continuously resided in the United States since March 15, 2022, and have been continuously physically present in the United States since May 20, 2022. 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) within the registration period from May 20, 2022 through November 20, 2023. Applicants may also apply for EADs and for travel authorization during this time, by submitting the corresponding forms and fee(s) or fee waiver request.

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

Separately, Afghan citizens in lawful F-1 student status will benefit from relaxed employment authorization rules if they are experiencing severe economic hardship due to the ongoing situation in Afghanistan. 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 Afghan citizens (or have no nationality and last habitually resided in Afghanistan);
• Are lawfully present in the United States in F-1 status on May 20, 2022;
• 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 situation in Afghanistan. 

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

Afghan nationals who believe they qualify for TPS should file their applications without delay to take advantage of this benefit and obtain employment authorization as quickly as possible. Those in F-1 status should contact their school’s Designated School Official (DSO) to determine whether they can avail themselves of the relaxed employment authorization standards.