The situation

The Department of Homeland Security (DHS) has determined that conditions in Nepal no longer warrant continued Temporary Protected Status (TPS) for that country’s citizens. According to DHS Secretary Kirstjen M. Nielsen, Nepal has made adequate progress in recovering from the April 2015 earthquake and subsequent aftershocks that prompted the country’s initial designation for the program.

A closer look

• TPS will be terminated for Nepal effective June 24, 2019.
• DHS advises beneficiaries to seek another U.S. immigration status or depart by the expiration date.
• Nepali TPS beneficiaries will need to re-register to extend their status and work authorization. DHS is to issue instructions and announce the re-registration period in the near future.

The current state of Temporary Protected Status

The decision to terminate TPS for Nepal is the latest step in the Trump Administration’s plan to curtail TPS as it currently exists.

Earlier this year, DHS announced that it will terminate TPS for El Salvador effective September 9, 2019. In late 2017, DHS announced that it will terminate TPS for Sudaneffective November 2, 2018, Nicaragua effective January 5, 2019 and Haiti effective July 22, 2019. TPS for Honduras has been temporarily extended to July 5, 2018 while DHS considers a final decision on redesignation of that country.

DHS has called on Congress to “enact a permanent solution for this inherently temporary program.”

Looking ahead

The termination of TPS for Nepal means that beneficiaries will lose work authorization and the ability to remain in the United States unless they are able to obtain another lawful status by June 24, 2019.

Fragomen will provide an update when DHS announces the TPS re-registration period for Nepalis. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.