Yemen TPS Re-Registration Period Opens

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At a glance

• Temporary Protected Status (TPS) for Yemen is extended for 18 months, from September 4, 2018, through March 3, 2020.
• Current Yemeni TPS beneficiaries have until October 15, 2018 to re-register to maintain status through March 3, 2020.
• Current Yemeni TPS employment authorization documents with an expiration date of September 3, 2018 will automatically be extended through March 2, 2019.

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The situation

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Yemen for 18 months, from September 4, 2018, through March 3, 2020. Current Yemeni TPS beneficiaries will have 60 days, or until October 15, 2018, to request an 18-month extension of status and work authorization while they seek another immigration status or prepare to depart the country, according to a notice published in today’s Federal Register.

Re-registering for TPS

• Who may re-register: Re-registration is limited to those who previously registered for and were granted TPS under the designation of Yemen.
• When to re-register: To obtain an 18-month extension of status, current Yemeni TPS beneficiaries must submit Form I-821 with U.S. Citizenship & Immigration Services (USCIS) within the 60-day re-registration period. Applicants need not pay the filing fee but may be required to pay the biometrics fee.
• 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 recognizes that not all re-registrants will be able to file and receive new EADs before their current employment authorization expires on September 3, 2018. Accordingly, DHS will automatically extend the validity of all EADs issued under the TPS designation of Yemen for 180 days, through March 2, 2019.
• Beneficiaries with Pending TPS applications: Applicants who have a Form I-821 or a Form I-765 pending as of August 14, 2018, need not re-file the pending form. Approved applications will be granted validity dates through March 3, 2020.

I-9 eligibility verification

For Form I-9 employment eligibility verification purposes, through March 2, 2019, employers may accept a TPS-related EAD with an expiration date of September 3, 2018, or March 3, 2017 (for those who applied for a new EAD during the last re-registration period but have not yet received a new EAD), along with a copy of the August 14, 2018 Federal Register notice or a USCIS Form I-797C receipt notice indicating that the TPS-related EAD is automatically extended through March 2, 2019.

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