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United States: DHS Designates Afghanistan for TPS

March 16, 2022

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  • United StatesUnited States

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At a glance

  • The Department of Homeland Security (DHS) has announced an 18-month designation of Afghanistan for Temporary Protected Status (TPS), to take effect upon publication of an upcoming Federal Register notice.
  • Afghan nationals eligible for this designation must have continuously resided in the United States since March 15, 2022 to be eligible for TPS.
  • A Federal Register notice providing full details on applying for TPS and related employment authorization is expected shortly.

The issue

In response to the ongoing crisis in Afghanistan, the Department of Homeland Security (DHS) has announced an 18-month Temporary Protected Status (TPS) designation for Afghanistan, to take effect upon publication of an upcoming Federal Register notice. Individuals eligible for TPS under the Afghanistan designation must have continuously resided in the United States since March 15, 2022. TPS applicants must also meet all other eligibility requirements and undergo security and background checks. Those who travel to the United States after March 15, 2022 will not be eligible for TPS.

In its announcement, DHS notes that Afghan nationals who have been paroled into the United States on a humanitarian basis as part of the Operation Allies Welcome evacuation effort may be eligible for TPS under the new designation if they meet all applicable requirements.

Filing instructions expected soon

In the coming days, DHS is expected to publish a Federal Register notice containing filing instructions for those who qualify for the Afghanistan TPS designation. These instructions will include information on applying for TPS and on applying for a corresponding employment authorization document that beneficiaries may use to work in the United States during the TPS designation period.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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