Temporary Relief for Certain Lebanese and Somalis in the U.S.
As the political situation in Lebanon deteriorates and the humanitarian crisis in Somalia worsens, President Biden and the Department of Homeland Security (DHS) have implemented temporary relief for certain Lebanese nationals in the U.S. They also have extended and expanded Temporary Protected Status (“TPS”) for Somalians.
Temporary Protected Status (TPS) for Somalia
DHS has announced the extension and redesignation of Somalia for TPS until March 17, 2026. Somali nationals in the United States who currently benefit from TPS will be able to extend their status for an additional 18 months, from September 18, 2024, through March 17, 2026.
Current TPS beneficiaries from Somalia who wish to extend their TPS must re-register in a timely manner during the 60-day window from July 22, 2024, to September 20, 2024, in order to maintain their TPS status and authorization to work. USCIS will automatically extend the employment authorization documents (EADs) of certain Somali TPS beneficiaries through September 17, 2025, 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 July 22, 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 Somalia 2024, USCIS will grant the individual TPS through March 17, 2026, and issue an EAD valid through the same date.
Under the expansion of the program (referred to as “redesignation”), Somali nationals or individuals with no nationality who last lived in Somalia, who have been living in the U.S. since July 12, 2024, and have continued to be physically present in the U.S. since September 18, 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 July 22, 2024, through March 17, 2026.
First-time applicants for TPS under the expansion of TPS for Somalia must submit Form I-821 during the initial registration period that runs from July 22, 2024, through March 17, 2026. First-time applicants can also apply for employment authorization by submitting Form I-765 along with their Form I-821, or separately at a later date. Applicants may file Form I-821 and 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 March 17, 2026.
DHS estimates that approximately 600 Somali nationals in the US presently benefit from the extension of the TPS. Additionally, the redesignation of the program could help an estimated 4,300 Somali 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.
Deferred Enforced Departure (“DED”) for Lebanon
President Biden has 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 unable 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 will 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. Information on the process for obtaining work authorization will be posted in the Federal Registry.
Lebanese nationals will not be eligible for DED if they fall under one of the following categories:
They have voluntarily returned to Lebanon after July 26, 2024;
They have not continuously resided in the United States since July 26, 2024;
They are inadmissible or removable for being a national security threat;
They have been convicted of any felony or two or more misdemeanors;
They are subject to extradition;
They are a threat to public safety or US interests; or
Their presence in the US could have serious foreign policy consequences.
To clarify, 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?
With DED, Lebanese nationals may request work authorization. Please note that travel and work authorization are not automatically granted to nationals protected by DED. More detailed information regarding the provision of work and possible travel benefits to Lebanese nationals eligible for DED will be posted in the Federal Registry soon.
Generally, if DHS provides individuals from a country eligible for DED with the benefit of work and travel authorization, then such individuals may request work and travel authorization. Applicants must submit Form I-765 for work authorization, and Form I-131 for travel authorization. These forms may be filed concurrently if applicants wish to receive both travel and work authorization. Applicants may submit Form I-912 if they qualify for a fee waiver for the work authorization application.
Additionally, President Biden proposed that the Secretary consider suspending regulatory requirements for international students in F-1 status from Lebanon.
Does DED erase unlawful presence accrued?
DED does not erase any unlawful presence that was accrued before July 26, 2024. However, no unlawful presence will accrue while DED is in effect from July 26, 2024 until January 26, 2026, when the authorized period of DED expires. If the Biden Administration does not extend DED before January 26, 2026, Lebanese nationals who stay in the United States without lawful immigration status will begin to accrue unlawful presence after January 26, 2026.
Due to the grave humanitarian crisis in Lebanon and the dangerous conditions for civilians there, President Biden’s policy directive provides Lebanese nationals in the US with the necessary time to ensure that their return to the region is safe and durable.
We will continue to monitor the various humanitarian programs and keep you updated.
This alert is for informational purposes only. Please contact us if you would like to discuss these developments further.