Temporary Protected Status Designated Country: Nepal

ALERT: The termination of Temporary Protected Status (TPS) for Nepal and Honduras will not take effect until further notice. As required by the court order adopting the parties’ stipulation to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-731 (N.D. Cal), USCIS will extend appropriate TPS-related documentation (Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record) for eligible beneficiaries of TPS Honduras and TPS Nepal, as it has done for the TPS beneficiaries in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal), a case that challenges the terminations of TPS for Sudan, Nicaragua, Haiti, and El Salvador. The terminations of TPS for Nepal and Honduras will not take effect while appeals are pending in Ramos, which presents similar issues to those presented in Bhattarai.

TPS Continues Through:

As long as the preliminary injunction ordered by the court in Ramos, et al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) remains in effect, or by other order of the court.

TPS for current beneficiaries under the designation for Nepal will continue, provided that they properly re-registered for TPS during at least one of the following registration periods for their country.  If you have not re-registered during at least one of the following registration periods, you should file now and explain your reasons for filing late.

Registration Period for People Who Already Have TPS:

May 22, 2018-July 23, 2018

or

Oct. 26, 2016-Dec. 27, 2016

Employment Authorization Document (EAD) Auto-Extended Through:March 24, 2020
Continuous Residence Date in U.S. Since:June 24, 2015
Continuous Physical Presence in U.S. Since:June 24, 2015
TPS Designation Date:June 24, 2015
Federal Register Notice Citation:81 FR 74470

When to File for TPS

To maintain TPS, you must have either filed to re-register during the 60-day re-registration period that ran from Oct. 26, 2016, through Dec. 27, 2016, and/or the period that ran from May 22, 2018, through July 23, 2018, and been approved, or have an application that remains pending. If you re-registered during either of these timeframes, then you do not need to take any further steps. If you did not re-register during either one of these timeframes, you may submit a late re-registration application, including a letter that explains your reason(s) for filing late. USCIS will determine whether your reasons demonstrate “good cause” for being late, as required under the TPS law.

Where to File

If you are filing for a new EAD, a replacement EAD for already granted TPS, re-registration of TPS, or filing a late initial application for TPS, please follow instructions below. E-filing is not currently available for TPS for Nepal. You must send your TPS package by mail or courier to the appropriate address in the table below:

If you are sending your application by:

Mail your application to:

U.S. Postal Service

U.S. Citizenship and Immigration Services
Attn:  TPS Nepal
P.O. Box 6943
Chicago, IL 60680-6943

A non-U.S. Postal Service courier

U.S. Citizenship and Immigration Services
Attn:  TPS Nepal
131 S. Dearborn – 3rd Floor
Chicago, IL  60603-5517

Automatic Employment Authorization Document (EAD) Extension

USCIS is automatically extending through March 24, 2020, the validity of EADs with the category codes “A-12” or “C-19” and one of the expiration dates shown below that we issued under the TPS designation for Nepal to individuals who continue to maintain TPS eligibility:

06/24/2018
06/24/2019

Beneficiaries under the TPS designation for Nepal who applied for a new EAD but have not yet received their new EADs are also covered by this automatic extension, provided that the EAD contains one of the expiration dates noted in the chart above and their latest EAD application has not been denied. Such individuals may show their EAD and the May 10, 2019 Federal Register Notice to employers to demonstrate that they continue to have employment authorization and that USCIS has extended their EAD through March 24, 2020. 

Additionally, USCIS is automatically extending through March 24, 2020, the validity periods of the following Forms I-94, Arrival and Departure Records, and Forms I-797, Notice of Action (Approval Notice), previously issued to eligible beneficiaries under the TPS designation for Nepal:

Beginning date of validity: End date of validity:
Dec. 25, 2016June 24, 2018
June 25, 2018June 24, 2019

The extension of the validity periods above applies only if the eligible TPS beneficiary properly filed for TPS re-registration during at least one of the two most recent DHS-announced registration periods for TPS Nepal in 2016 and 2018, or has a re-registration application that remains pending. (See above). In addition, the extension does not apply to any individual whose TPS has been finally withdrawn. The FRN does not extend the validity date of any TPS-related Form I–94 or Form I–797 issued to a TPS beneficiary that contains an end date not listed on the chart above when the individual has failed to file for TPS re-registration, or when his or her re-registration request has been finally denied.

Current beneficiaries under the TPS designation for Nepal do not need to pay a fee or file any application, including Form I-765, Application for Employment Authorization, to maintain their TPS benefits through March 24, 2020, if they properly re-registered for TPS during one of the DHS-announced registration periods listed above.

TPS beneficiaries who have failed to re-register properly for TPS during at least one of the DHS-announced registration periods in 2016 and 2018 listed above, should file Form I–821 (Application for Temporary Protected Status), and demonstrate “good cause” for failing to re-register on time, as required by law.  See INA, section 244(c)(3)(C) (TPS beneficiary’s failure to register without good cause in form and manner specified by DHS is ground for TPS withdrawal); 8 CFR 244.17(b); and Instructions to Form I–821. 

If you are filing a late re-registration application, you must provide a letter explaining all of your reasons for filing outside of the re-registration period. If you are filing after the re-registration period because of the DHS announcement of the termination of TPS for your country, please explain how that announcement affected you, including how the termination decisions impacted your failure to re-register. However, if the announcement of the TPS termination did not cause you to file late, you should not include it as a reason.  Please remember to be truthful in explaining your reasons.

Any eligible beneficiary under the TPS designation for Nepal who either does not possess an EAD that is automatically extended, or wishes to apply for a new EAD may file Form I–765 with appropriate fee (or fee waiver request).  If approved, USCIS will issue an EAD with a March 24, 2020 expiration date. Similarly, USCIS will issue an EAD with a March 24, 2020 expiration date for those with pending EAD applications that are ultimately approved.

Other Immigration Options

You might be eligible for other immigration options listed on the Explore My Options page.

To apply for a lawful permanent status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.

Note on Seeking Asylum: Being granted and maintaining TPS status until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the one year filing deadline. In other words, having TPS status “stops the clock” on the requirement to file for asylum within one year of arriving in the United States, if the one-year clock has not already expired. See 8 CFR 208.4(a)(5)(iv).

Avoid Scams

Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website on the finding legal advice web page.

We don’t want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice. Visit the Avoid Scams page for information and resources.

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