Temporary Protected Status (TPS) Update for Nicaragua and Honduras

On November 6, 2017, USCIS announced that it will terminate the Temporary Protected Status (TPS) designation for Nicaragua. USCIS has delayed the effective date of the termination of the TPS designation for 12 months, with the termination of TPS for Nicaragua effective on January 5, 2019.

Additionally, USCIS stated that despite receiving input from numerous sources regarding the on-the-ground situation in Honduras, they were unable to determine if the TPS designation should be terminated. Therefore, the TPS designation has automatically been extended for Honduras for six months (through July 5, 2018). USCIS also states that it is possible that the TPS designation for Honduras will be terminated at the end of the six-month automatic extension with the appropriate delay in termination.

Based upon this announcement, citizens of Nicaragua and Honduras with TPS will be required to reapply for their work authorization in order to legally work in the U.S. Further details are expected to be published in a Federal Register notice.

Temporary Protected Status designations are made when conditions in the respective country temporarily prevent the safe return of its nationals. The TPS designation may be made due to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions.

TPS is a temporary benefit that does not lead to lawful permanent status or give any other immigration status. Once TPS is granted, individuals cannot be detained by the Department of Homeland Security (DHS) on the basis of his or her immigration status.

In order to be granted TPS, an applicant must meet all eligibility requirements and file the request within the status filing period.

Currently ten (10) countries are currently designated for TPS.

Categories: Immigration Blog