The U.S. Government authorized Temporary Protected Status (“TPS”) for persons in the U.S. from Nepal this year, in relation to the terrible earthquake that decimated parts of Nepal. The deadline for registration is two weeks, on December 21st, 2015.
Temporary protected status is eligible to persons regardless of whether or not they are in nonimmigrant status, and can be held while in another nonimmigrant status (e.g. F-1, H-1B). Employment authorization is available for persons who have register before the deadline. Thus, even if a Nepali is here lawfully in another status, it is worth considering whether to also register for TPS.
We will make ourselves available for consultation, if you’d like to make this application in the next two weeks. Please contact our office and ask to book a consultation, and note the deadline.
Here is the USCIS’s most recent announcement concerning TPS for Nepalis:
Deadline to Register for Nepal TPS is Dec. 21, 2015
The deadline for eligible nationals of Nepal (and people without nationality who last habitually resided in Nepal) to register for Temporary Protected Status (TPS) is Monday, Dec. 21, 2015. This deadline marks the end of the 180-day initial registration period. The TPS designation for Nepal runs from June 24, 2015, through Dec. 24, 2016.
To be eligible for TPS, you must demonstrate that you meet all eligibility criteria, including that you have been both “continuously physically present” and “continuously residing” in the U.S. since June 24, 2015. You must also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS.
To register for TPS, you must submit:
– Form I-821, Application for Temporary Protected Status;
– The Form I-821 application fee (or a fee-waiver request);
– The biometric services fee (or a fee-waiver request) if you are 14 years of age or older;
– Form I-765, Application for Employment Authorization, regardless of whether you want an Employment Authorization Document (EAD); and
– The Form I-765 application fee (or a fee-waiver request), but only if you want an EAD. If you do not want an EAD, no application fee is required. There is no Form I-765 fee for initial applicants under the age of 14 or over 65; these applicants may receive their initial EAD cards for free.
Fees and Fee Waivers
If you cannot pay the fee, you may request that we waive the Form I-821 application fee, Form I-765 application fee, or biometric services fee by filing Form I-912, Request for Fee Waiver, or submitting a written request. You must also submit supporting documentation with your fee-waiver request. We will reject your TPS application if you do not submit the required filing fees or a properly documented fee-waiver request.
For more information about the designation of Nepal for TPS—including guidance on eligibility, the application process and where to file—visit uscis.gov/tps, the Nepal TPS page or the Federal Register notice.
This Web alert is also available in Nepali.