As the ongoing conflict in Lebanon and the Middle East intensifies, the Department of Homeland Security (DHS) has announced additional humanitarian relief for certain Lebanese nationals in the U.S. 

Temporary Protected Status (“TPS”) for Lebanon

Following the authorization of Deferred Enforced Departure (DED) for Lebanese announced in July, the Department of Homeland Security (DHS) has announced the designation of Temporary Protected Status (TPS) for Lebanon for 18 months. Lebanese nationals and those with no nationality who resided in Lebanon, and have been continually residing in the U.S. as of October 16, 2024, will be able to file applications for TPS. DHS intends to publish more information in the next few weeks. Until this notice is published, individuals should not apply for TPS under this designation.

By way of background, the U.S. government offers Temporary Protected Status (TPS) to citizens of a country when their homeland experiences persistent armed conflict (like civil war), an environmental catastrophe (such as earthquakes or hurricanes), an epidemic, or other exceptional and transient circumstances. 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.

Deferred Enforced Departure (“DED”) and Work Authorization for Lebanon

Earlier this year, President Biden issued a memorandum authorizing DED for Lebanese nationals effective July 26, 2024. This policy allows Lebanese nationals to remain in the U.S. without fear of deportation for the next 18 months if they are  not able to maintain their current status. With DED, they may also obtain work authorization. Lebanese nationals who are here as international students in F-1 status also benefit from relief. 

Who is eligible for DED and is there an application process?

Lebanese nationals who have been living in the United States on or before July 26, 2024, qualify for DED. Lebanese nationals will not be eligible for DED if they fall under one of the following categories: 

1. They have voluntarily returned to Lebanon after July 26, 2024;

2. They have not continuously resided in the United States since July 26, 2024;

3. They are inadmissible or removable for being a national security threat;

4. They have been convicted of any felony or two or more misdemeanors;

5. They are subject to extradition; 

6. They are a threat to public safety or US interests; or 

7. Their presence in the US could have serious foreign policy consequences. 

To clarify, unlike TPS, DED is not an immigration status for which Lebanese nationals will apply. Rather, it is a Presidential directive that prevents the removal of certain Lebanese nationals from the United States for the duration of the directive (here, 18 months from July 26, 2024).

Are travel and work authorization granted to nationals covered by DED?

Last week, U.S. Citizenship and Immigration Services (USCIS) posted a Federal Register Notice with details on how Lebanese nationals under DED can obtain work and travel authorization. 

Eligible Lebanese can apply by filing Form I-765, Application for Employment Authorization and marking “(a)(11)” as the category for eligibility. Applicants may submit Form I-912 if they qualify for a fee waiver for this application. Those who wish to travel internationally to places other than Lebanon can obtain advance travel permission by filing Form I-131, Application for Travel Document and selecting Item Number 5.D. in Part 1. These forms may be filed concurrently if applicants wish to receive both travel and work authorization.

Additionally, DHS is suspending regulatory requirements for Lebanese international students in F-1 status. These students are now eligible for employment authorization, can work more hours during school, and reduce their course load while maintaining F-1 status through the DED period.

We will continue to monitor the humanitarian programs available to foreign nationals from countries experiencing grave instability, and keep you updated.

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