Afghanistan Temporary Protected Status (TPS) Extended and Expanded

DHS has announced that it will extend and expand temporary protected status (TPS) for nationals of Afghanistan due to the ongoing conflict and grave humanitarian crisis in Afghanistan. Afghanis who are already benefiting from TPS can extend their status for an additional 18 months from November 21, 2023, until May 20, 2025. 

Current beneficiaries from Afghanistan who wish to extend their TPS must re-register in a timely manner during the 60-day window from September 25, 2023, through November 24, 2023, in order to maintain their status and authorization to work. USCIS will automatically extend the employment authorization documents (EADs) through November 20, 2024. 

Under the expansion of the program (referred to as “redesignation”), Afghan nationals who have been living in the US since September 20, 2023, may also apply for TPS. The redesignation impacts potential first-time applicants and others who do not currently have TPS. The registration period for first-time applicants will run from September 25, 2023, through May 20, 2025. 

Individuals with pending applications for TPS (Form I-821, Application for Temporary Protected Status) or a related application for employment authorization (Form I-765, Application for Employment Authorization) do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Afghanistan, USCIS will grant the individual TPS through May 20, 2025, and issue an EAD valid through the same date.

First-time applicants for TPS under the expansion of Afghanistan must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from September 25, 2023, through May 20, 2025. 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, Application for Employment Authorization, with their Form I-821, or separately at a later date. Applicants may also submit their Form I-765 online. 

DHS estimates that the extension of TPS will impact approximately 3,100 Afghan nationals currently benefiting from TPS in the United States.  The expansion of the program could help another 14,600 Afghan nationals who have arrived in the United States since TPS for Afghanistan was first announced. 

The agency also encourages Afghan nationals who were paroled into the United States under Operation Allies Welcome to apply for TPS if they qualify.  An application for TPS will not impact their parole or re-parole status, but could be a longer-term solution. 

By way of background, Temporary Protected Status (TPS) is a humanitarian program the United States offers to nationals of certain countries where conditions prevent their return, such as armed conflict or natural disasters. TPS allows nationals of these countries to live and work in the United States temporarily until their home country stabilizes and they are able to return safely.  More information about TPS can be found here.  

Relatedly, DHS has announced Special Student Relief (SSR) for nationals of Afghanistan who are studying in the United States, effective November 21, 2023, through May 20, 2025. This program will give work authorization to international students who are experiencing severe economic hardship due to the current armed conflict and humanitarian crisis in Afghanistan.  The agency’s announcement can be found here. 

Finally, in Congress, the 2023 Afghan Adjustment Act is still pending in both the House and Senate although it has bipartisan support.  Led by Senators Amy Klobuchar (D-MN) and Lindsey Graham (R-SC) and Representatives Earl Blumenauer (D-OR) and Mariannette Miller-Meeks (R-IA) in the House of Representatives, the legislation establishes a clear and streamlined path for displaced Afghans to apply for permanent status in the U.S. 

We will continue to monitor the various humanitarian programs to support Afghan nationals displaced since the fall of Kabul in August 2021, and keep you updated. 

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