DHS Announces Extension And Redesignation Of Somalia For TPS; Extends Relaxed Employment Options For Certain Somalian F-1 Nonimmigrants

At a glance

• The Department of Homeland Security (DHS) has extended and redesignated Somalia for Temporary Protected Status (TPS) for 18 months, from September 18, 2024 through March 17, 2026.
• The registration period for eligible individuals to submit initial TPS applications under the redesignation will run from July 22, 2024 through March 17, 2026. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
• Current Somalian TPS beneficiaries who wish to extend their benefits will be required to re-register between July 22, 2024 and September 20, 2024 (inclusive).
• DHS is also extending the relaxation of certain employment authorization rules for Somalian students in F-1 status who are experiencing severe economic hardship as a direct result of the crisis in Somalia.

The issue

Secretary of Homeland Security Alejandro N. Mayorkas has extended and redesignated Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2024, through March 17, 2026. According to an advance copy of a Federal Register notice, current Somalian TPS beneficiaries will have 60 days, from July 22, 2024, through September 20, 2024 to file for TPS and for related employment authorization documents (EADs) and travel permission. New, eligible TPS applicants may register under the redesignation from July 22, 2024 through March 17, 2026. DHS and the Department of State have deemed the TPS extension and redesignation warranted due to the extraordinary and temporary humanitarian crisis conditions in Somalia.

Relatedly, DHS is also suspending certain employment authorization rules for Somalians in F-1 status who are experiencing severe economic hardship due to the ongoing crisis in the country. An advance copy of the Federal Register notice implementing that change is also available.

TPS eligibility and application process for new applicants

Somalian nationals can apply for TPS under the new designation if they can demonstrate that they have continuously resided in the United States since July 12, 2024, and have been continuously physically present in the United States since September 18, 2024.

Applicants must file a Form I-821 application with appropriate fee(s) (or request for fee waiver) with U.S. Citizenship and Immigration Services (USCIS) within the registration period from July 22, 2024 through March 17, 2026. Applicants may also apply for EADs and for travel authorization during this time, by submitting the corresponding forms and fee(s) or fee waiver request.

All individuals applying for TPS undergo security and background checks as part of determining eligibility. Biometrics collection (fingerprinting) is generally required for applicants ages 14 and older.

Re-registration process for current TPS holders

Current Somalian TPS beneficiaries can continue to extend their status and work authorization provided that they previously registered for TPS under the designation of Somalia and their application was granted.

• Who may re-register: Re-registration is limited to those who previously registered for and were granted TPS under the designation for Somalia
• When to re-register: Current Somalian TPS beneficiaries must submit Form I-821 to USCIS between July 22, 2024 and September 20, 2024 (inclusive).
• Extending employment authorization: Beneficiaries who wish to extend their employment authorization for 18 months must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
• Automatic EAD extensions: DHS is providing an automatic extension, through September 17, 2025, for EADs bearing an expiration date of September 17, 2024 or March 17, 2023 for Somalia TPS and bearing an A-12 or C-19 category.
• Pending TPS and/or EAD applications from prior registration period: There is no need for a foreign national with a pending TPS and/or EAD application to file a second application in order to benefit from the extension. For applications that are pending when the re-registration period begins on July 22, 2024, approval notices and document expiration dates will reflect the latest expiration date of March 17, 2026.

Relaxed employment authorization options for certain Somalian students in F-1 status

Separately, Somalian citizens in lawful F-1 student status will continue to benefit from relaxed employment authorization rules if they are experiencing severe economic hardship due to the ongoing crisis in Somalia. Eligible students can request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain a "full course of study" designation. The relief will remain in effect from September 18, 2024 to March 17, 2026. To qualify, F-1 students must establish that they:

• Are Somalian citizens (or have no nationality and last habitually resided in Somalian);
• Are lawfully present in the United States in F-1 status on July 22, 2024;
• Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified;
• Are currently maintaining F-1 status; and
• Are experiencing severe economic hardship as a direct result of the crisis in Somalia.

F-1 students who receive authorization from their Designated School Officer (DSO) to work off-campus must apply for an EAD by submitting the required application form and corresponding fee (or fee waiver request). F-1 students who will be working on-campus do not need to file for an EAD, but do require DSO authorization.

What this means for foreign nationals

The extension and redesignation of TPS for Somalia means that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through March 17, 2026. Prior to the conclusion of the 18-month extension, the DHS Secretary will review conditions to determine whether Somalia's TPS designation should be extended again. Somalian citizens in F-1 status should reach out to their school's DSO to determine whether they can avail themselves of the relaxed employment authorization standards.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.