Temporary Protected Status Designated Country: Nepal
ALERT: As required by the court order staying proceedings in Bhattarai v. Nielsen, No. 19-cv-731 (N.D. Cal), USCIS is continuing the TPS and extending appropriate TPS-related documentation (Forms I-765, Employment Authorization Documents (EADs); Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record) for eligible beneficiaries of TPS Honduras and TPS Nepal, as we have done for the TPS beneficiaries in Ramos, et al. v. Nielsen et al., 336 F.Supp.3d 1075(N.D. Cal., Oct. 3, 2018), vacated on appeal, but reh’g requested 975 F.3d 872(9th Cir., Sept. 14, 2020)(“Ramos”).
As required by the court order staying proceedings in Bhattarai v. Nielsen, No. 19-cv-731 (N.D. Cal), USCIS is continuing the TPS and extending appropriate TPS-related documentation (Forms I-765, Employment Authorization Documents (EADs); Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record) for eligible beneficiaries of TPS Honduras and TPS Nepal, as we have done for the TPS beneficiaries in Ramos, et al. v. Nielsen et al., 336 F.Supp.3d 1075(N.D. Cal., Oct. 3, 2018), vacated on appeal, but reh’g requested 975 F.3d 872(9th Cir., Sept. 14, 2020)(“Ramos”). The Ramos case challenged the terminations of TPS for El Salvador, Haiti, Nicaragua and Sudan. Eligible TPS beneficiaries who would like an EAD with the extended validity date of June 30, 2024, must file Form I-765, Application for Employment Authorization, with the appropriate filing fee (or obtain a fee waiver). To request a fee waiver, complete Form I-912, Request for Fee Waiver, and submit it with Form I-765.
Although a panel of the U.S. Court of Appeals for the Ninth Circuit vacated the injunction in Ramos on Sept. 14, 2020, the appellate court has not issued its directive to the district court to make that ruling effective, and the injunction remains in place at this time. The terminations of TPS for Nepal and Honduras will not take effect while the Ramos injunction is in place, because it presents similar issues to those presented in Bhattarai
For additional information, please see the Update on Bhattarai v. Nielsen webpage, the Update on Ramos v. Nielsen webpage, and the Nov. 2022 Federal Register Notice.
| TPS Continues Through: |
As long as the preliminary injunction ordered by the court in Ramos et al. v. Nielsen et al., 336 F.Supp.3d 1075 (N.D. Cal. Oct. 3, 2018) and the stay of proceedings ordered in Bhattarai, et al. v. Nielsen, et al., No. 19-cv-731 (N.D. Cal. March 12, 2019) remain in effect, or by other order of the court. TPS for current beneficiaries under the designation for Nepal will continue if they properly re-registered for TPS during at least 1 of the following registration periods for their country. If you did not re-register during at least 1 of the following registration periods, you should file now and explain your reasons for filing late. |
|---|---|
| Registration Period for People Who Already Have TPS: |
|
| Employment Authorization Document (EAD) Auto-Extended Through: | June 30, 2024 |
| 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: |
When to File for TPS
If you did not re-register during 1 of the previous re-registration periods that ran from Oct. 26 through Dec. 27, 2016, or from May 22 through July 23, 2018, you may submit a late re-registration application, including a letter that explains your reason(s) for filing late. We will determine whether your reasons demonstrate “good cause” for being late, as required by TPS law.
Where to File
If you are applying for TPS Nepal, you may file Form I-821, Application for Temporary Protected Status, online. When filing an initial TPS application or re-registering for TPS, you can also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, online with your Form I-821.
If you are filing a paper application for a replacement EAD for already granted TPS, send your TPS package to the appropriate address in the table below:
| If you are sending your application by: | Mail your application to: |
|---|---|
|
U.S. Postal Service (USPS): |
USCIS |
| FedEx, UPS, or DHL deliveries: | USCIS Attn: TPS Nepal (Box 6943) 131 S. Dearborn – 3rd Floor Chicago, IL 60603-5517 |
Automatic Employment Authorization Document (EAD) Extension
We are automatically extending through June 30, 2024, the validity of EADs with the category codes “A-12” or “C-19” and the expiration dates shown below that we issued under the TPS designation for Nepal to beneficiaries who continue to maintain TPS eligibility:
| EAD expiration date | Now valid until: |
|---|---|
| June 24, 2018 | June 30, 2024 |
| June 24, 2019 | June 30, 2024 |
| March 24, 2020 | June 30, 2024 |
| Jan. 4, 2021 | June 30, 2024 |
| Oct. 4, 2021 | June 30, 2024 |
| Dec. 31, 2022 | June 30, 2024 |
TPS Nepal beneficiaries who applied for a new EAD but have not yet received it are also covered by this automatic extension, as long as the EAD that you have contains 1 of the expiration dates noted in the chart above. When you present an automatically extended EAD to your employer, you may refer them to this Federal Register Notice that shows that we have extended your EAD and employment authorization through June 30, 2024.
In addition to EADs, we are automatically extending through June 30, 2024, 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 validity¹: | End date of validity: | Now valid until: |
|---|---|---|
| Dec. 25, 2016 | June 24, 2018 | June 30, 2024 |
| June 25, 2018 | June 24, 2019 | June 30, 2024 |
| June 25, 2019 | Oct. 4, 2021 | June 30, 2024 |
| Oct. 5, 2021 | Dec. 31, 2022 | June 30, 2024 |
¹ Your Forms I-94 and I-797 may show a different beginning date of validity than those listed here if you were a late initial filer (LIF) at the time because the forms would have the date of approval of your LIF application for TPS. As long as they bear an end date of validity listed in this chart, then they are automatically extended by this Notice.
The extension of the validity periods above applies only if you properly filed for TPS re-registration during at least 1 of the most recent re-registration periods, which ran from May 22 through July 23, 2018, or from Oct. 26 through Dec. 27, 2016, or have a re-registration application that remains pending. In addition, the extension does not apply if we have finally withdrawn or denied your TPS .
If you are a current beneficiary under the TPS designation for Nepal, you do not need to pay a fee or file any application, including Form I-765, Application for Employment Authorization, to maintain your TPS benefits through June 30, 2024, if you properly re-registered for TPS during 1 of the DHS-announced registration periods listed above.
If you failed to re-register properly for TPS during at least 1 of the DHS-announced registration periods in 2016 and 2018 listed above, you 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. For more information, see:
- INA section 244(c)(3)(C) (TPS beneficiary’s failure to register without good cause in form and manner specified by DHS is grounds for TPS withdrawal);
- 8 CFR 244.17(b); and
- Instructions to Form I–821 (PDF, 324.64 KB).
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 affected 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 who wishes to apply for a new EAD, may file Form I–765 with appropriate fee or fee waiver request. You may request a fee waiver by completing Form I-912, Request for Fee Waiver. If we approve your application, we will issue an EAD with a June 30, 2024, expiration date. Similarly, we will issue an EAD with a June 30, 2024, expiration date for those with pending EAD applications that we ultimately approve.
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 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 “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 do not 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.