USCIS Extends Temporary Relief for Liberians, Venezuelans, and Burmese in the United States

USCIS has announced the extension of three humanitarian programs for Liberians, Venezuelans, and Burmese people temporarily residing in the United States. 

Extension of Deferred Enforced Departure for Liberian Nationals

For Liberians, USCIS extended the Deferred Enforced Departure (DED) program until June 30, 2024, and automatically extended the validity of Employment Authorization Documents (EADs) that Liberians obtained through the DED program through June 30, 2024. 

DED is a Presidential directive that prevents the removal of certain residents from the United States. Because DED is not an immigration status, there is no way to apply for it. DED does not automatically confer work and travel authorization, but individuals eligible for the program may submit Forms I-765 and I-131 to apply for work and travel authorization. 

The United States has implemented various programs to protect Liberian nationals in the United States since 1991 given the continuous armed conflict and civil disorder. Unstable political and economic conditions, coupled with an Ebola epidemic in the mid 2010s, have meant that Liberia has been unable to absorb the hundreds of thousands of refugees displaced by civil war.  

To qualify for DED, Liberian nationals must demonstrate continuous residence in the United States since May 20, 2017. Individuals without nationality who also last resided in Liberia, and have been in the United States since May 20, 2017, also qualify for DED. 

Extension of Temporary Protected Status for Venezuelan Nationals

USCIS also officially announced the re-registration process for Temporary Protected Status (TPS) for Venezuelan nationals earlier this month. In July 2022, DHS had announced an extension of TPS for nationals of Venezuela until March 10, 2024, but had not given clear directions on how to re-register. More information about re-registering is available on the USCIS website here. 

DHS grants TPS to nationals of a country who are in the United States if conditions in that person’s country temporarily prevent him or her from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. This is typically due to: 1) ongoing armed conflict (such as civil war); 2) an environmental disaster (such as earthquake or hurricane), or an epidemic; or 3) other extraordinary and temporary conditions. In contrast to DED, TPS is an official immigration status for which individuals can apply. 

The re-registration process also provides instructions on how TPS beneficiaries can apply to renew their EADs. To avoid gaps in work authorization, DHS has automatically extended the validity of EADs issued to Venezuelan nationals benefiting from TPS until September 9, 2023. 

To re-register for TPS and apply for EAD renewal, Venezuelan nationals must demonstrate continuous residence since March 8, 2021. The TPS re-registration must be submitted during the 60-day period from September 8, 2022 to November 7, 2022. 

Venezuelan nationals with pending applications for TPS or employment authorization do not need to re-apply at this time. If USCIS approves either application filed under the initial designation of TPS for Venezuela, USCIS will grant the individual TPS through March 10, 2024, and issue a new EAD valid through March 10, 2024.

Due to ongoing civil violence, political and economic insecurity and lack of food, medicine and essential services, more than six million Venezulans have been forced to flee the country, making this the second-largest external displacement crisis in the world. 

USCIS estimates there are approximately 111,700 Venezuelans currently in the United States, benefiting from TPS. 

Extension and Expansion of Temporary Protected Status for Burmese Nationals

Finally, on September 26, 2022, DHS announced an extension of TPS for Burmese nationals for an additional 18 months. TPS for Burmese nationals is now extended through May 24, 2022. 

DHS has also expanded the availability of TP to Burmese nationals who have resided in the United States as of September 25, 2022.  Individuals without nationality who last lived in Burma and have resided in the United States as of September 25, 2022 are also eligible for TPS. 

As background, since February 2021, the military coup d’état in Burma has led to continuing violence, large-scale human rights abuses, limited access to shelter, food, water, and medical care, and an unstable economy. These conditions have prevented Burmese nationals and habitual residents from safely returning.

Current beneficiaries must re-register for TPS during the 60-day period from September 27, 2022, through November 26, 2022. More information on the re-registration process is linked here. DHS will also automatically extend EADs issued through the Burmese TPS designation through November 25, 2023. 

Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again. If USCIS approves a Form I-821 or Form I-765 filed under the initial designation of TPS for Burma, USCIS will grant the individual TPS through May 25, 2024, and issue an EAD valid through May 25, 2024. 

First-time applicants for TPS must submit Form I-821, during the initial registration period that runs from September 27, 2022, through May 25, 2024. Burma TPS applicants may file Form I-821 online. When filing a TPS application, applicants can also request an EAD by submitting a completed Form I-765 with their Form I-821, or separately at a later date. Applicants may also submit Form I-765 online.

USCIS estimates that this extension will allow 970 Burmese nationals to retain TPS eligibility, with an additional 2,290 Burmese nationals now protected through the expansion of the program. 

Such humanitarian programs provide crucial relief to nationals of certain countries who are in the United States and unable to return to their home countries due to grave political instability.  Not only does returning home jeopardize their safety, their return could further destabilize the home country and cut off the remittances these foreign nationals send home.  Allowing them to remain in the United States temporarily helps reduce the pressure on escalating political crises. 

This alert is for informational purposes only.  Please contact us if you would like to discuss these developments further.