Temporary Protection for Burma (Myanmar) Extended and Expanded

Due to the ongoing instability in Burma following the military coup, the Department of Homeland Security has announced the extension and redesignation of Burma for Temporary Protected Status (“TPS”) until November 25, 2025. Burmese nationals in the United States who currently benefit from TPS will be able to extend their status for an additional 18 months, from May 26, 2024, through November 25, 2025. 

Current TPS beneficiaries from Burma who wish to extend their TPS must re-register in a timely manner during the 60-day window from March 25, 2024, to May 24, 2024, in order to maintain their TPS status and authorization to work. U.S. Citizenship and Immigration Services (USCIS) will automatically extend the employment authorization documents (EADs) of certain Burmese TPS beneficiaries through May 25, 2025, in order to avoid a lapse in employment authorization. Individuals with a current, pending re-registration application are not required to file any further re-registration application at this time.

USCIS will continue to process applications pending as of March 25, 2024, under the previous designation of TPS. Individuals with pending TPS applications (Form I-821, Application Temporary Protected Status) or a related employment authorization application (Form I-765, Application for Employment Authorization) are not required to file either application again. Therefore, if USCIS approves a pending Form I-821 or Form I-765 under TPS Burma 2024, USCIS will then grant the individual TPS through November 25, 2025, and will issue an EAD also valid through the same date.

Under the expansion of the program (referred to as “redesignation”), Burmese nationals or individuals with no nationality who last lived in Burma, who have been living in the United States since March 21, 2024, and who will have been continuously physically present in the United States since May 26, 2024, will be able to apply for TPS. Redesignation impacts potential first-time applicants and others who are not beneficiaries of TPS. For first-time applicants, the registration period will run from March 25, 2024, through November 25, 2025.

First-time applicants for TPS under the expansion of TPS for Burma must submit Form I-821 Application for Temporary Protected Status during the initial registration period that runs from March 25, 2024, through November 25, 2025. Applicants may file Form I-821 online. First-time applicants can also apply for employment authorization by submitting Form I-765, Application for Employment Authorization along with their Form I-821, or separately at a later date. Applicants may also file Form I-765 online. Furthermore, individuals can also apply for travel authorization during this window. First-time applicants under the expansion will receive TPS and EADs valid through November 25, 2025.

DHS estimates that approximately 2,300 Burmese nationals in the US presently benefit from the extension of the TPS. Additionally, the redesignation of the program could help an estimated 7,300 Burmese nationals benefit from the TPS. 

By way of background, the US 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.

We will continue to monitor the various humanitarian programs to support displaced foreign nationals and keep you updated.

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