United States: DHS Extends and Redesignates Ethiopia for TPS, Extends Relaxed Employment Options for Ethiopian F-1 Students
April 12, 2024
At a glance
- The Department of Homeland Security (DHS) has extended and redesignated Ethiopia for Temporary Protected Status (TPS) for 18 months, from June 13, 2024 through December 12, 2025.
- The registration period for eligible individuals to submit initial TPS applications under the redesignation will run for from April 15, 2024 through December 12, 2025. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
- Current Ethiopian TPS beneficiaries who wish to extend their benefits will be required to re-register between April 15, 2024 and June 14, 2024.
- DHS is also extending the relaxation of certain employment authorization rules for Ethiopian students in F-1 status who are experiencing severe economic hardship as a direct result of the crisis in Ethiopia.
The issue
Secretary of Homeland Security Alejandro N. Mayorkas has extended and redesignated Ethiopia for Temporary Protected Status (TPS) for 18 months, from June 13, 2024 through December 12, 2025. According to an advance copy of a Federal Register notice, current Ethiopian TPS beneficiaries will have 60 days, from April 15, 2024 to June 14, 2024, to file for TPS and for related employment authorization documents (EADs) and travel permission. New, eligible TPS applicants may register under the redesignation from April 15, 2024 through December 12, 2025. DHS and the Department of State have deemed the TPS extension and redesignation warranted due to the ongoing armed conflict and the extraordinary and temporary humanitarian crisis conditions in Ethiopia.
Relatedly, DHS is also suspending certain employment authorization rules for Ethiopians in F-1 status who are experiencing severe economic hardship due to the ongoing crisis in the country. An advance copy of the Federal Register notice implementing that change is also available.
TPS eligibility and application process for new applicants
Ethiopian nationals can apply for TPS if they can demonstrate that they have continuously resided in the United States since April 11, 2024, and have been continuously physically present in the United States since June 13, 2024.
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 April 15, 2024 through December 12, 2025. 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 (fingerprinting) is generally required for applicants ages 14 and older.
Re-registration process for current TPS holders
Current Ethiopian TPS beneficiaries can continue to extend their status and work authorization provided that they previously registered for TPS under the designation of Ethiopia 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 Ethiopia.
- When to re-register: Current Ethiopian TPS beneficiaries must submit Form I-821 to USCIS between April 15, 2024 and June 14, 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 June 12, 2025, for EADs bearing an expiration date of June 12, 2024 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 April 15, 2024, approval notices and document expiration dates will reflect the latest expiration date of December 12, 2025.
Relaxed employment authorization rules for certain Ethiopian students in F-1 status
Separately, Ethiopian 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 ongoing crisis in Ethiopia. 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. The relief will remain in effect from June 13, 2024 to December 12, 2025. To qualify, F-1 students must establish that they:
- Are Ethiopian citizens (or have no nationality and last habitually resided in Ethiopia);
- Are lawfully present in the United States in F-1 status on April 15, 2024;
- 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 armed conflict and humanitarian crisis in Ethiopia.
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 (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.
What this means for foreign nationals
The extension and redesignation of TPS for Ethiopia means that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through December 12, 2025. Prior to the conclusion of the 18-month extension, the DHS Secretary will review conditions to determine whether Ethiopia’s TPS designation should be extended again. Ethiopian 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.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.