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TPS for Haiti, Burma

May 24, 2021 (3 min read)

DHS, May 22, 2021 - "Secretary of Homeland Security Alejandro N. Mayorkas announced a new 18-month designation of Haiti for Temporary Protected Status (TPS). This new TPS designation enables Haitian nationals (and individuals without nationality who last resided in Haiti) currently residing in the United States as of May 21, 2021 to file initial applications for TPS, so long as they meet eligibility requirements. ... Former Secretary of Homeland Security Janet Napolitano initially designated Haiti for TPS in January 2010 based on extraordinary and temporary conditions within the country, specifically the effects of a 7.0-magnitude earthquake. In 2011, Haiti’s designation was extended, and the country was also redesignated for TPS at the same time. Haiti’s designation was subsequently extended again for 18 months in 2013 and 2015, and for an additional six months in 2017. In January 2018, a Federal Register notice announced termination of Haiti’s TPS designation effective July 22, 2019. Four separate lawsuits challenged that termination. Due to court injunctions and other rulings, TPS for Haiti remains in effect pending case outcomes. Existing TPS Haiti beneficiaries retain their TPS and TPS-related documents through October 4, 2021, and DHS will continue to extend the benefit and documents if required to comply with court orders. These beneficiaries are also eligible to apply under the new designation of Haiti to receive TPS for the entire 18-month period that will be described in the soon-to-be published Federal Register notice."

DHS, May 25, 2021 - "Through this Notice, DHS announces that the Secretary of Homeland Security is designating Burma for TPS for 18 months, effective [INSERT DATE OF PUBLICATION IN FEDERAL REGISTER], through November 25, 2022. Under the Immigration and Nationality Act (INA), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that extraordinary and temporary conditions in the foreign state prevent its nationals from returning safely, unless permitting the foreign state’s nationals to remain temporarily in the United States is contrary to the national interest of the United States. Regardless of an individual’s country of birth, this designation allows eligible Burmese nationals (and individuals having no nationality who last habitually resided in Burma) who have continuously resided in the United States since March 11, 2021, and have been continuously physically present in the United States since [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER] to apply for TPS. This Notice also describes the other eligibility criteria applicants must meet. Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], and ends on November 22, 2021. They may also apply for TPS-related Employment Authorization Documents (EADs) and for travel authorization. DATES: The designation of Burma for TPS is effective on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER] and will remain in effect for 18 months, through November 25, 2022. The 180-day registration period for eligible individuals to submit TPS applications begins [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], and will remain in effect through November 22, 2021."

DHS, May 25, 2021 - "This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Burma (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Burma. The Secretary is taking action to provide relief to Burmese citizens who are lawful F-1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 nonimmigrant student status. DHS will deem an F-1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a “full course of study” for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice. DATES: This F-1 Notice is effective May 25, 2021 and will remain in effect until November 25, 2022."