July 9, 2021: Federal Register Notice for Yemen TPS 18-Month Extension and Redesignation Published

Last Updated

July 9, 2021

Key information:

  • Yemen Temporary Protected Status, or TPS, was extended for 18 months and redesignated, from Sept. 4, 2021, to March 3, 2023.
  • To maintain TPS through the 18-month period, current Yemeni TPS holders will need to re-register during the 60-day re-registration period, which runs from July 9, 2021, through Sept. 7, 2021.
  • Current Yemeni TPS holders with EADs with a Sept. 3, 2021, expiration date receive an automatic extension of their work authorization for 180 days through March 2, 2022.
  • The redesignation of Yemen allows additional individuals who have been continuously residing in the United States since July 5, 2021, and continuously physically present in the United States since Sept. 4, 2021, to obtain TPS, if otherwise eligible. The registration period for the redesignation will remain open from July 9, 2021, through March 3, 2023.

 

Redesignation (Eligibility and Registration Process for Yemenis Who Do Not Currently Have TPS):

Eligibility Based on Redesignation:

  • To be eligible for TPS under the redesignation, Yemenis must submit an Application for Temporary Protected Status (Form I-821) and pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)) AND:
    • Be a Yemeni national or noncitizen having no nationality who last habitually resided in Yemen;
    • Have continuously resided in the United States since July 5, 2021; and
    • Have been continuously physically present in the United States since Sept. 4, 2021.
  • However, otherwise eligible individuals are not eligible if they:
    • Have been convicted of any felony or two or more misdemeanors committed in the United States;
    • Are found inadmissible under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
    • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity; or
    • Fail to meet the continuous physical presence and continuous residence in the United States requirements.

Procedures for Registration:

  • The registration period for Yemenis eligible under the redesignation runs from July 9, 2021, through March 3, 2023. Eligible Yemenis are encouraged to apply as early as possible during the registration period.
  • Yemenis who are newly filing for TPS under the redesignation must pay the $50 fee for the Application for Temporary Protected Status (Form I-821) or submit a Request for a Fee Waiver (Form I-912).
  • Applicants age 14 and over must also submit a biometrics service fee, which is $85. Individuals unable to pay the biometrics fee may submit a Request for a Fee Waiver (Form I-912).
  • More information on fee waivers can be found here: uscis.gov/i-912

Work Authorization Under Redesignation:

  • Yemenis eligible for TPS under the redesignation may apply for work authorization when they register for TPS or after.
  • TPS work authorization under this designation will be valid through March 3, 2023. 
  • Yemenis who want to obtain an Employment Authorization Document, or EAD, under TPS must file an Application for Employment Authorization (Form I-765) and pay the associated $410 fee (or submit a Request for a Fee Waiver (Form I-912)).
  • More information on fee waivers can be found here: uscis.gov/i-912.

 

Extension (Current Yemini TPS Holders):

Procedures for Re-Registration:

  • The 60-day re-registration period for CURRENT Yemeni TPS holders runs from July 9, 2021, to Sept. 7, 2021. TPS holders are encouraged to apply as early as possible during the re-registration period.
  • To re-register, current TPS holders who do not have a pending application must submit the TPS application (Form I-821). Current Yemeni TPS holders DO NOT need to pay a filing fee with Form I-821.
  • Although current TPS holders do not need to pay a filing fee for Form I-821, TPS holders age 14 and over must submit a biometrics service fee, which is $85. Individuals unable to pay the biometrics fee may submit a Request for a Fee Waiver (Form I-912). More information on fee waivers can be found here: uscis.gov/i-912.
  • Yemeni TPS holders who file a fee waiver application for the biometrics fee but are denied may still re-file the I-821 and pay the biometrics fee even if outside the 60-day re-registration period. According to USCIS, in this situation, applicants are urged to re-file within 45 days of the denial notice, showing good cause for late filing (e.g. the application is late because of the fee waiver denial). For more information on filing late and good cause visit: uscis.gov/humanitarian/temporary-protected-status.
  • Exception to re-registration: Individuals who have a Yemen TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of July 9, 2021, do not need to file either application again. If USCIS approves an individual’s Form I-821, USCIS will grant the individual TPS through March 3, 2023. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.

Work Authorization:

  • TPS work authorization under this designation will be valid until March 3, 2023.
  • For current Yemeni TPS holders, EADs with an expiration date of September 3, 2021, are automatically extended for 180 days through March 2, 2022.
  • Yemeni TPS holders who do not have an application pending from the previous re-registration period and who wish to receive work authorization through the entire TPS designation period (through March 3, 2023), must file the I-821 along with an Application for Employment Authorization (Form I-765) and pay the $410 fee and the biometrics service fee, which is $85 (or request a fee waiver). More information on fee waivers can be found here: uscis.gov/i-912.
  • Individuals who have a Yemen TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of July9, 2021, do not need to file either application again. If USCIS approves an individual’s Form I-821, USCIS will grant the individual TPS through March 3, 2023. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.
  • Yemeni TPS holders who do not have pending applications from the last re-registration period and are seeking work authorization through March 3, 2023, are encouraged to submit Form I-765 when they submit their Form I-821 and biometrics fee as soon as possible during the 60-day re-registration period.
  • Yemeni TPS holders may file for work authorization through March 3, 2023, at a later time (after the 60-day re-registration period closes on September 7, 2021), but risk having gaps in employment authorization

 

Avoiding Legal Services Fraud

Individuals registering or re-registering for TPS should seek qualified legal assistance and beware of fraud. More information about avoiding legal services scams is available here: cliniclegal.org/resources/protecting-your-community/unauthorized-practice-immigration-law.