Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Burma

WASHINGTON – The Department of Homeland Security (DHS) has announced an 18-month extension of Temporary Protected Status (TPS) for Burma, effective from Nov. 26, 2022, through May 25, 2024. This extension is due to the ongoing extraordinary and temporary conditions in Burma that pose risks for individuals returning safely. Additionally, DHS has redesignedated Burma for TPS, enabling Burmese nationals (and those without nationality who last resided in Burma) in the United States as of Sept. 25, 2022, to qualify for TPS.

The military coup d’état in February 2021 has resulted in persistent violence, widespread human rights violations, including arbitrary detentions and the use of lethal force against unarmed individuals, large-scale displacement of civilians, exacerbated humanitarian conditions, limited access to essentials like shelter, food, water, and medical care, and triggered an economic crisis. These challenging conditions prevent Burmese nationals and habitual residents from safely returning.

Secretary of Homeland Security Alejandro N. Mayorkas stated, “The people of Burma are continuing to suffer a complex and deteriorating humanitarian crisis due to a military coup, upheaval, and security forces’ brutal violence against civilians. Under this extension and redesignation, Burmese nationals and habitual residents will be eligible to temporarily stay in the United States until conditions in the country improve and individuals can safely return.”

The extension of TPS for Burma allows approximately 970 current beneficiaries to maintain TPS status until May 25, 2024, as long as they meet the eligibility requirements. An estimated 2,290 additional individuals may be eligible for TPS under the redesignation of Burma. This includes nationals of Burma (and individuals without nationality who last resided in Burma) in the United States in nonimmigrant status or without lawful immigration status.

Current beneficiaries seeking to retain TPS must re-register during the 60-day re-registration period from Sept. 27, 2022, through Nov. 26, 2022, to avoid gaps in TPS and work authorization. DHS acknowledges that not all re-registrants may receive new Employment Authorization Documents (EADs) before their current EADs expire on Nov. 25, 2022, and is automatically extending the validity of previously issued EADs under the TPS designation of Burma through Nov. 25, 2023.

U.S. Citizenship and Immigration Services will continue processing pending applications filed under Burma’s initial TPS designation. Individuals with pending Form I-821 or Form I-765 applications do not need to re-file. If USCIS approves a Form I-821 or Form I-765 filed under the initial designation of TPS for Burma, the individual will receive TPS through May 25, 2024, along with an EAD valid through the same date.

First-time applicants for TPS under the redesignation of Burma must submit Form I-821 during the initial registration period from Sept. 27, 2022, through May 25, 2024. Burma TPS applicants may file Form I-821 online and can also request an EAD by submitting Form I-765, Application for Employment Authorization, either concurrently with Form I-821 or separately at a later date. Applicants can submit Form I-765 online as well.

The Federal Register notice provides detailed information on eligibility criteria, timelines, and procedures for re-registration, EAD renewal, and initial applications under the redesignation.

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