At a glance

  • Temporary Protected Status (TPS) for Yemen is extended for 18 months, from March 4, 2020, through September 3, 2021.
  • Current Yemen TPS beneficiaries have until May 1, 2020 to re-register to maintain status through September 3, 2021.
  • Current Yemen TPS employment authorization documents with an expiration date of March 3, 2020 or September 3, 2018 will automatically be extended through August 30, 2020.

The issue

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Yemen for 18 months, from March 4, 2020 through September 3, 2021. Starting today, current Yemen TPS beneficiaries will have 60 days, or until May 1, 2020, to request an 18-month extension of status and work authorization while they seek another immigration status or prepare to depart the country, according to a notice published in today's Federal Register.

Re-registering for TPS

  • Who may re-register: Re-registration is limited to those who previously registered for and were granted TPS under the designation of Yemen.
  • When to re-register: To obtain an 18-month extension of status, current Yemen TPS beneficiaries must submit Form I-821 with U.S. Citizenship & Immigration Services (USCIS) by May 1, 2020. Though applicants need not pay the filing fee, a Biometrics Services fee will be required from those 14 years of age and older, unless eligible for a fee waiver.
  • Extending employment authorization: Beneficiaries who wish to extend their employment authorization for 18 months must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
  • Automatic EAD extensions: DHS recognizes that not all re-registrants will be able to file and receive new EADs by March 3, 2020. Accordingly, DHS is providing an automatic 180-day extension, through August 30, 2020, for EADs bearing an expiration date of March 3, 2020 or September 3, 2018 (where an extension from the last re-registration period remains pending) and an A-12 or C-19 category.
  • Beneficiaries with pending TPS applications: Beneficiaries who have a Form I-821 or a Form I-765 pending as of March 2, 2020, need not re-file the pending form. Approved applications will be granted validity dates through September 3, 2021.

I-9 eligibility verification

For Form I-9 employment eligibility verification purposes, through August 30, 2020, employers may accept a TPS-related EAD with an expiration date of March 3, 2020, or September 3, 2018 (for those who applied for a new EAD during the last re-registration period but have not yet received a new EAD), along with a copy of the March 2, 2020 Federal Register notice or a USCIS Form I-797C receipt notice indicating that the TPS-related EAD is automatically extended through August 30, 2020.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.