Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Yemen

Posted by Ann Badmus | Dec 30, 2022 | 0 Comments

Redesignation Allows Additional Eligible Yemeni Nationals to Apply for TPS and Employment Authorization Documents

WASHINGTON – The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Yemen for 18 months, from March 4, 2023, through Sept. 3, 2024, due to ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals from safely returning to their country. In addition, DHS announced a redesignation of Yemen for TPS for the same reason, allowing Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) residing in the United States as of Dec. 29, 2022, to be eligible for TPS.

The ongoing violent conflict and the stream of challenges that flow from the roughly eight years of civil war in Yemen have not been resolved. At least 377,000 people have been killed as a result of ongoing violence, and civilian displacement is substantial and widespread within Yemen. Deteriorating humanitarian conditions, large-scale public health crises, and protracted internal conflict continue to adversely affect Yemen's civilian population. These conditions prevent Yemeni nationals and habitual residents from safely returning. 

“The people of Yemen are continuing to suffer a complex and deteriorating humanitarian crisis,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Under this extension and redesignation, Yemeni nationals and habitual residents of Yemen who have been present in the United States as of Dec. 29, 2022, will be eligible to temporarily stay in the United States until conditions in Yemen improve and individuals can safely return.”

The extension of TPS for Yemen allows approximately 1,700 current beneficiaries to retain TPS through Sept. 3, 2024, if they continue to meet TPS eligibility requirements. It is estimated that approximately 1,200 additional individuals may be eligible for TPS under the redesignation of Yemen. This population includes nationals of Yemen (and individuals without nationality who last habitually resided in Yemen) in the United States in nonimmigrant status or without lawful immigration status.

Current beneficiaries re-registering under the extension of TPS for Yemen must re-register in a timely manner during the 60-day re-registration period from Jan. 3, 2023, through March 4, 2023, to ensure they keep their TPS and work authorization without a gap. DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires on March 3, 2023, and is automatically extending through March 3, 2024, the validity of certain EADs previously issued under the TPS designation of Yemen. 

U.S. Citizenship and Immigration Services will continue to process pending applications filed under Yemen's previous TPS designation. 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 pending Form I-821 or Form I-765 filed under the previous designation of TPS for Yemen, USCIS will grant the individual TPS through Sept. 3, 2024, and issue an EAD valid through the same date.   

New applicants for TPS under the redesignation of Yemen must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from Jan. 3, 2023, through Sept. 3, 2024. Yemen 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, Application for Employment Authorization, with their Form I-821, or separately later. Applicants may also submit Form I-765 online. 

The Federal Register Notice explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD. 

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, 

you are invited to call us at 214-494-8033, text us using our chat box, or complete our contact form.

About the Author

Ann Badmus

Principal and Managing Attorney

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