The Department of Homeland Security (DHS) has announced that Secretary of Homeland Security, Kirstjen M. Nielsen, determined that termination of the Temporary Protected Status (TPS) designation for Nepal is required pursuant to the Immigration and Nationality Act. The designation will terminate on June 24, 2019.
The decision to terminate TPS for Nepal was made after a review of the environmental disaster-related conditions upon which the country’s original designation was based and an assessment of whether those originating conditions continue to exist as required by statute. Based on careful consideration of available information, including recommendations received as part of an inter-agency consultation process, the Secretary determined that the disruption of living conditions in Nepal from the April 2015 earthquake and subsequent aftershocks that served as the basis for its TPS designation have decreased to a degree that they should no longer be regarded as substantial, and Nepal can now adequately manage the return of its nationals. Thus, as required under the applicable statute, the current TPS designation must be terminated.
Since the 2015 earthquake, conditions in Nepal have notably improved. Additionally, since the last review of the country’s conditions in October 2016, Nepal has made substantial progress in post-earthquake recovery and reconstruction.
To allow for an orderly transition, the effective date of the termination of TPS for Nepal will be delayed 12 months to provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. Nepali citizens in the United States who benefited from TPS may still receive other protections under our immigration system for which they are eligible.
The 12 months will also provide time for Nepal to prepare for the return and reintegration of its citizens. During this timeframe, DHS will work with the Department of State and the Government of Nepal to help educate relevant stakeholders and facilitate an orderly transition. In addition to materials posted online, DHS components will participate in outreach activities such as teleconferences, town halls and roundtables to ensure that affected populations have a full and accurate understanding of their rights and obligations.
Nepali citizens with current TPS registrations will be required to re-register for TPS and apply for Employment Authorization Documents in order to legally work in the United States until the termination of Nepal’s TPS designation becomes effective June 24, 2019.
USCIS has published notice in the Federal Register on the termination of Nepal’s designation for TPS. TPS holders from Nepal who wish to maintain their status and receive an employment authorization document (EAD) valid through June 24, 2019, must re-register for TPS in accordance with the procedures set forth in the notice.
Yes! Please sign me up to receive email alerts from other Gunster practice areas.
This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 13 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, The Florida Keys, Vero Beach, Winter Park, and its headquarters in West Palm Beach. With more than 180 attorneys and 200 committed support staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com.