Temporary Protected Status Designated Country: Sudan
ALERT: On Nov. 10, 2022, DHS posted a Federal Register Notice (FRN) announcing that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua and Sudan’s 2013 designation and Haiti’s 2011 designation will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remain in effect, provided they remain individually eligible for TPS.
On Nov. 10, 2022, DHS posted a Federal Register Notice (FRN) announcing that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua and Sudan’s 2013 designation and Haiti’s 2011 designation will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remain in effect, provided they remain individually eligible for TPS. DHS also has automatically extended through June 30, 2024, the validity of Employment Authorization Documents (EADs) and other TPS-related documentation for TPS beneficiaries affected by these court orders. 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). You may request a fee waiver by completing Form I-912, Request for Fee Waiver, and submitting it with the Form I-765. (This notice does not apply to individuals who were granted TPS for the first time under the new Sudan TPS designation in 2022. They retain TPS in accordance with their USCIS approval notices.)
On Sept. 14, 2020, in Ramos et al. v. Wolf et al., 975 f.3D 872 (9th Cir., Sept. 14, 2020) (PDF, 374.01 KB), a panel of the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s injunction prohibiting DHS from terminating TPS for El Salvador, Haiti, Nicaragua, and Sudan. However, because the appellate court has not issued its directive to the district court to make that ruling effective, the injunction remains in place at this time.
Individuals who held TPS under the 2013 Sudan designation who may wish to be eligible for TPS should the Ramos injunction end are encouraged to file to register under the new Sudan designation.
If necessary, DHS will continue to issue appropriate future notices to continue its compliance with court orders.
For additional information, please see the Nov. 2022 Federal Register Notice, the Update on Ramos v. Nielsen webpage, and the Automatic Employment Authorization Document (EAD) Extension section below.
ALERT: On April 19, 2022, DHS published a Federal Register notice for the previously announced new designation of Sudan for TPS for 18 months.
On April 19, 2022, DHS published a Federal Register notice for the previously announced new designation of Sudan for TPS for 18 months. This notice provides information on how to register for TPS for Sudan. If you are a current TPS Sudan beneficiary whose TPS was continued by the court order in Ramos v. Nielsen, and you want to maintain your TPS if the court order is no longer effective, you must file a new application for TPS under this new designation.
For additional information, please see the news release.
| TPS Continues Through: |
Oct. 19, 2023, for those who were newly granted TPS under the new designation for Sudan announced in the April 19, 2022, FRN (87 FR 23202). Individuals who held TPS under the 2013 designation of Sudan (prior to the new designation) are covered by the preliminary injunction ordered by the court in Ramos retain their TPS and TPS-related documents for the duration of the court order, unless their TPS has been individually withdrawn for ineligibility. |
|---|---|
| Registration Period: | April 19, 2022, through Oct. 19, 2023, for those applying for TPS under the designation announced in the April 19, 2022, FRN (87 FR 23202). |
| Employment Authorization Document (EAD) Auto-Extended Through: |
June 30, 2024, for current beneficiaries under the 2013 TPS designation for Sudan whose documents have been automatically extended by the Nov. 2022 FRN. (If the Ramos court order continues, DHS will publish an updated notice as needed.) Note: This auto-extension of EADs does not currently apply to individuals who registered for TPS for the first time under the 2022 new designation of Sudan. Their EADs are presently valid through Oct. 19, 2023. |
| Continuous Residence Date in U.S. Since: | March 1, 2022 |
| Continuous Physical Presence in U.S. Since: | April 19, 2022 |
| TPS Designation Date: | April 19, 2022 |
| Federal Register Notice Citation: |
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When to File for TPS
If you are applying for Temporary Protected Status (TPS) under the April 19, 2022, designation of Sudan, you must register during the 18-month registration period that runs from April 19, 2022, through Oct. 19, 2023. We encourage you to register as soon as possible within the 18-month registration period.
Where to File
If you are applying for TPS Sudan, 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 to register for TPS or for a replacement EAD for already granted TPS, send your TPS package to the appropriate address in the table below:
| If you send your paper application via: | Then, mail your application to: |
|---|---|
|
U.S. Postal Service USPS: |
USCIS |
| FedEx, UPS, or DHL deliveries: |
USCIS |
Automatic Employment Authorization Document (EAD) Extension
Under the Ramos court order to continue TPS and TPS-related documentation for affected TPS Sudan beneficiaries, we have automatically extended the validity of EADs with the category codes “A-12” or “C-19” and the expiration dates shown below that we issued to beneficiaries under the 2013 TPS designation of Sudan who continue to maintain TPS eligibility:
| EAD expiration date | Now valid until |
|---|---|
| Nov. 2, 2017 | June 30, 2024 |
| Nov. 2, 2018 | June 30, 2024 |
| April 2, 2019 | June 30, 2024 |
| Jan. 2, 2020 | June 30, 2024 |
| Jan. 4, 2021 | June 30, 2024 |
| Oct. 4, 2021 | June 30, 2024 |
| Dec. 31, 2022 | June 30, 2024 |
If you are a TPS Sudan beneficiary who applied for a new EAD but you have not yet received it, you 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 your 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.
Extensions of Other TPS Documentation
In addition to EADs, we have automatically extended the validity periods of the following Forms I-94, Arrival/Departure Record, and Forms I-797, Notice of Action (Approval Notice) under the designation of Sudan at issue in the Ramos case:
| Beginning date of validity¹: | End date of validity: | Now valid until: |
|---|---|---|
| May 3, 2016 | Nov. 2, 2017 | June 30, 2024 |
| Nov. 3, 2017 | Nov. 2, 2018 | June 30, 2024 |
| Nov. 3, 2018 | 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.
However, the extension of the validity periods above applies only if you properly filed for TPS re-registration during 1 or both of the registration periods from Jan. 25 - March 25, 2016, or Oct. 11 - Dec. 11, 2017. These registration periods are noted in the Federal Register Notice. In addition, the extension does not apply if your TPS has been finally withdrawn or denied. The FRN does not extend the validity date of any TPS-related Form I-94 or Form I-797 with an end date not on the chart above or in the FRN.
Information for TPS Beneficiaries Granted under the 2013 Sudan TPS Designation Regarding Re-registration
If you were granted TPS under the Sudan 2013 designation which is the subject of the Ramos litigation, your TPS currently continues through June 30, 2024 or as long as the Ramos injunction remains in effect. However, if you wish to remain eligible for TPS in the event that the injunction is no longer in effect, you may re-register under the new designation of Sudan. To do so, you must file Form I-821, Application for Temporary Protected Status, so that USCIS may determine your continued TPS eligibility, including whether your TPS has been continued by the Ramos court order.
However, if you re-registered for TPS under the 2013 Sudan TPS designation during 1 or both of the registration periods from Jan. 25 - March 25, 2016, or Oct. 11 - Dec. 11, 2017, then your TPS continues and your documents are valid through June 30, 2024. If you did not file for re-registration in 1 of these registration periods and you file your Form I-821 now, USCIS will treat your application as a new TPS application under the new 18-month designation of TPS for Sudan. If you have a pending re-registration application, USCIS will also treat that application as an application under the new designation. If you filed an EAD renewal application with your re-registration application and we approve it, we will issue your EAD with an Oct. 19, 2023, expiration date.
If you are a TPS Sudan beneficiary and we did not automatically extend your EAD, or if you wish to apply for a new EAD, you may file Form I-765 with the appropriate fee or a fee waiver request. You may request a fee waiver by completing Form I-912, Request for Fee Waiver. If you have also filed a new Form I-821 for TPS under the new Sudan designation and we approve it, we will issue an EAD with a validity date through Oct. 19, 2023. However, if you do not file Form I-821 for TPS and only file Form I-765, and it is approved, we will issue a new EAD bearing the June 30, 2024, date.
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.