DHS Re-Designates and Extends Temporary Protected Status for Yemen

January 9, 2023

The Department of Homeland Security (DHS) has announced that it is extending and re-designating Yemen for Temporary Protected Status (TPS) for an additional 18 months. This extension will span from March 4th, 2023, to September 3rd, 2024. This decision comes in response to the conflict and other extraordinary temporary conditions that make it unsafe for Yemeni nationals to return to their country.

This announcement comes as the violent civil war, which has continued in Yemen for eight years, continues to present challenges. In addition, this war has raised significant humanitarian concerns, including the widespread displacement of civilians and public health crises.

The TPS extension will permit current beneficiaries, which include approximately 1,700 individuals, to retain their status through the current expiration to March 4th, 2024. However, they must continue meeting the eligibility requirements. In addition, by re-designating Yemen for TPS, Yemeni nationals and those who last habitually resided in Yemen and qualify for TPS can file initial applications using the Application for Temporary Protected Status (Form I-821). This latter group includes approximately 480 individuals.

Current beneficiaries re-registering for TPS status must do so within the 60-day filing period between January 3rd, 2023, and March 4th, 2023. Promptly re-registering prevents a gap in TPS and work authorization status. In addition, those who re-registered but did not receive new employment authorization documents (EADs) before the current EAD expires can expect the DHS to extend their EADs through March 3rd, 2024, automatically.

EAD holders may present this documentation as proof of their work authorization. It also qualifies as verifiable documents for the employment eligibility verification process (Form I-9). In addition, employers may check the automatically extended EAD and compare the expiration date and Category code with the Federal Register notice to reverify employees’ authorization to work in the U.S.

Existing TPS holders and new registrants who do not hold an EAD can apply for a TPS-related EAD using the Application for Employment Authorization (Form I-765) and travel authorization. When filing a re-registration application, they may include Form I-765 to receive an updated EAD with the current expiration date of March 3rd, 2023.

As these changes and countless others in recent months have shown, it can prove challenging to keep up with the constant changes involving Form I-9. The best way to ensure continued compliance and uniform completion of Form I-9 is to invest in an electronic I-9 management tool. This tool can guide employers and hiring personnel through every step and ensure consistent completion and storage of forms.

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