Are F-1 international students eligible for TPS?

Update (12/13/2022): SUNY (State University of New York) system announced that the nonimmigrant visa holders (F-1 or J-1 international students) OR whose TPS requests have been approved AND those who are not eligible for resident rates of tuition (in-state tuition) will be eligible for the resident tuition rates (in-state tuition) for Academic Year 2022-2023 (Fall 2022 and Spring 2023). The official announcement notes that this policy may extend to future terms as well. For further inquiries on how this can apply to you, reach out to the International Office in your home SUNY college or university.

Summary: The Department of Homeland Security published a Federal Register notice (FRN) on May 25, 2021, that allows Burmese to apply for Temporary Protected Status (TPS) for 18 months, effective May 25, 2021, through Nov. 25, 2022.

Due to the military coup in Myanmar, the U.S. government announced that Burmese who meets the eligibility will be able to apply for Temporary Protected Status (TPS). Other than Burma (Myanmar), there are 11 more countries where nationals can get benefits from TPS. So what is TPS and what’s the eligibility? Also, how to apply for TPS?

F-1 international students may find it difficult to get information about TPS because International Student Advisors (DSOs) are generally not attorneys. This means that DSOs are not legally eligible to advise students on immigration classifications outside of F-1 and J-1, including TPS.

Therefore, this blog post intends to provide general information about TPS. Additionally, for TPS applicants who would like to seek legal advice, this post will list some helpful resources which can be found at the end of this post.

Contents

• What is TPS?
• The eligibility for TPS
• How to apply for TPS
• Resources for TPS
• (live update) Automatic extension for TPS beneficiaries
• (live update) Updates on designation/re-designation

What is TPS?

TPS stands for Temporary Protected Status and it allows eligible individuals to stay in the US and get a work card when the situation in his or her home country is too dangerous or unstable to return. Unlike any other non-immigrant visa categories, TPS applicants don’t have to travel internationally to get the TPS status. What is more, nonimmigrants can apply for TPS with expired passports.

From the F-1 international student perspective, there are two main benefits of applying for TPS. The first benefit is that F-1 or J-1 visa holders don’t have to abandon their visas to apply for TPS. Unlike other nonimmigrant visa categories where visa applicants should choose one visa status over the other (like changing F-1 status to H-1B), TPS allows dual status.

It is worth noting, though, that international students lose their F-1 visa status when they drop courses below full-time. If undergraduate students register for less than 12 credits and graduate students enroll in less than 9 credits, that’s when they lose F-1 status. International students can study and work in TPS status but when the TPS period comes to an end, international students will have to travel again to re-gain the F-1 or J-1 visas.

Similarly, when TPS and F-1 visa holders travel internationally, they should choose one status when they enter the U.S.

Second, if an individual applies for the EAD card based on the TPS, the position that the applicant can work for is not limited to their program of study. OPT applicants based on the F-1 visa should only engage in employment opportunities that have a direct relationship with their majors. However, TPS applicants can work in any position.

Related blog post: How to write your OPT is “directly related to” major

Since TPS works as a safety net, F-1 and J-1 holders can use TPS in many ways:

• H-1B visa applicants can stay and work through TPS even if they didn’t get through the H-1B visa lottery.
• OPT students or STEM OPT participants can file the separate Form I-765 through TPS to update the EAD card and continue to work through TPS.
• F-1 or J-1 students can work through TPS (in this case, you would lose your F-1 status)

Updated 8/3/2021 “The 18-month registration period for initial applications under the TPS designation of Burma (Myanmar) now runs through Nov. 25, 2022.”

USCIS newsletter titled “Registration Period Extended to 18 Months for TPS Applicants from Venezuela, Syria and Burma”

Below is outdated as of 8/3/2021:

Individuals applying for TPS under the designation of Burma must submit an initial Form I-821, Application for Temporary Protected Status, during the 180-day initial registration period that runs from May 25, 2021, through Nov. 22, 2021. Applicants may also be eligible to apply for TPS-related Employment Authorization Documents (EADs) and for travel authorization.

USCIS newsletter titled “DHS Announces Open Registration for Temporary Protected Status for Burma”

The eligibility for TPS

To check if an individual is eligible for TPS, he or she should check 4 things:

• I am a national of a country designated for TPS.
  • Burma (Myanmar)
  • El Salvador
  • Ethiopia
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Somalia
  • Sudan
  • South Sudan
  • Syria
  • Venezuela
  • Yemen
• I have continuously resided in the U.S. since the effective date of the most recent designation date of my country.
• I am going to file the application during the open initial registration or re-registration period, or I meet the requirements for late initial filing during any extension of my country’s TPS designation.
• I have not committed any crime during my stay in the U.S.

For more details regarding the eligibility for TPS, please go to the Temporary Protected Status webpage by USCIS.

The designation of Burma for TPS allows an estimated 1,600 Burmese nationals (or individuals having no nationality who last habitually resided in Burma) who have been continuously residing in the United States since March 11, 2021, and continuously physically present in the United States since May 25, 2021, to file initial applications to obtain TPS. Applicants must also meet additional TPS eligibility requirements.

USCIS newsletter titled “DHS Announces Open Registration for Temporary Protected Status for Burma”

How to apply for TPS

The process to apply for TPS is as follows:

1. Register
2. Submit an application Form I-821. If you would like to apply for a fee waiver, complete Form I-912. However, please note that the process for a fee waiver is slow. Therefore, if you would like your application to be processed faster, you may want to pay the fee ($50).
   • Update 8/17/2021. TPS applicants can file Form I-821 and I-765 online
3. Pay the fee ($50)
4. Submit biometrics ($85)
5. If you’d like, apply for an optional EAD card ($410)
   • Note that applying for an EAD card is not a must. Students can apply for the EAD card when they need it in the future.
   • Current OPT students can file the separate Form I-765 to work through TPS (in this case, you might lose your F-1 status).

When TPS is ending, individuals in TPS status can apply for change of status by mailing or traveling to get the visa stamp.

On July 21, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that eligible nationals of Burma, Somalia, Syria, Venezuela or Yemen, or individuals without nationality who last habitually resided in one of those countries, can now file Form I-821, Application for Temporary Protected Status online if they are applying for Temporary Protected Status (TPS) for the first time. All other initial TPS applicants and current beneficiaries who are re-registering under the extension of a TPS designation must continue to file a paper Form I-821.

When filing an initial TPS application, applicants can also request an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization electronically with their Form I-821. These applications will be the first forms available for concurrent filing online. To file Form I-821 online, eligible TPS applicants must first visit my.USCIS.gov to create a free USCIS online account.

Newsletter sent by the CIS Ombudsman

Resources for TPS

If you would like to get practical help or consultations, check out the following resources:

• Immigrationhelp.org: Nonprofit that can help applicants to file the form
• Immigrationadvocates.org: Applicants can search for nonprofit organizations that provide free or low-cost immigration legal services near them.
• Catholic Legal Immigration Network, Inc.: Get updates, resources, and news about TPS and Deferred Enforced Departure (DED).

Automatic extension for TPS beneficiaries

If you are current TPS beneficiaries under the following designations, you can take advantage of the automatic extension that is announced on November 10, 2022 by the Department of Homeland Security (DHS). Thanks to the automatic extension, the current TPS beneficiaries who are designated under the following countries can maintain their valid TPS-related documentation including EAD through June 30, 2024. There are no fees associated with the extension to maintain their TPS status as TPS-related documentation will be automatically extended.

However, when it comes to EAD, only certain groups of TPS beneficiaries can benefit from the automatic extension. To learn more about the eligibility, click here and scroll down to Table 1 -Affected EADs. Others would have to pay the filing fee or apply for a fee waiver if they intend to extend their EAD (Employment Authorization Document).

• El Salvador
• Honduras
• Nicaragua
• Nepal
• 2011 Haiti
  • Newly granted TPS beneficiaries under the 2021 TPS designation of Haiti who did not have TPS under the 2011 designation of Haiti are not eligible for the automatic extension
• 2013 Sudan
  • Newly granted TPS beneficiaries under the 2022 TPS designation of Sudan who did not have TPS under the 2013 designation of Sudan are not eligible for the automatic extension

Updates (newest to oldest)

• Update 6/20/2023:
  • El Salvador: Designation extended from Sept. 10, 2023, to March 9, 2025. Re-registration period is July 12, 2023, to Sept. 10, 2023.
  • Honduras: Designation extended from Jan. 6, 2024, to July 5, 2025. Re-registration period is Nov. 6, 2023, to Jan. 5, 2024.
  • Nepal: Designation extended from Dec. 25, 2023, to June 24, 2025. Re-registration period is Oct. 24, 2023, to Dec. 23, 2023.
  • Nicaragua: Designation extended from Jan. 6, 2024, to July 5, 2025. Re-registration period is Nov. 6, 2023, to Jan. 5, 2024.
• Update 3/10/2023: Eligible students from Somalia can apply or reapply for TPS. The initial registration period begins on March 13, 2023, until September 17, 2024, and the re-registration period begins on March 13, 2023 through May 12, 2023. Click here for more information.
• Update 12/9/2022: Eligible Ethiopian students can apply for TPS. To be eligible for TPS, students “must demonstrate their continuous residence in the United States since Oct. 20, 2022, and continuous physical presence in the United States since Dec. 12, 2022. Individuals arriving in the United States after Oct. 20, 2022, are not eligible for TPS under this designation and may be subject to removal if they have no other authorization to be in the United States.
  • Individuals applying for TPS under Ethiopia’s designation must submit Form I-821, Application for Temporary Protected Status, during the 18-month initial registration period that runs from Dec. 12, 2022, through June 12, 2024. Ethiopia TPS applicants are eligible to file Form I-821 online. When filing a TPS application, applicants can also request an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821. Applicants may also submit Form I-765 online.  
• Update 9/26/2022: The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Burma for an additional 18 months, from Nov. 26, 2022, through May 25, 2024. Click here for more information.
• Update 6/7/2022: DHS announced the designation of Cameroonian for TPS for 18 months to protect Cameroon nationals who have already resided in the U.S. as of 4/14/2022 and who have been continuously physically present in the United States since June 7, 2022 to apply for TPS. The registration period for eligible individuals to submit TPS applications begins June 7, 2022 and will remain in effect through December 7, 2023. Click here for more information.
• Update 5/20/2022: DHS announced the designation of Afghanistan for TPS for 18 months to protect Afghan nationals who have already resided in the U.S. as of 3/15/2022 and who have been continuously physically present in the United States since May 20, 2022 to apply for TPS. The registration period for eligible individuals to submit TPS applications begins May 20, 2022 and will remain in effect through November 20, 2023. Click here for more information.
• Update 4/19/2022: The Department of Homeland Security (DHS) announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS. Click here for more information.
• Update 3/11/2022: Eligible Ukrainian students can apply for TPS. To be eligible for TPS, students “must be a Ukrainian national (or have no nationality but last habitually resided in Ukraine) and have continuously resided in the United States since March 1, 2022. The USCIS Federal Register notice will have more information on eligibility and how to apply for TPS and employment authorization. If you arrived in the United States after March 1, 2022, you are not eligible for TPS for Ukraine,” according to the Newsletter by CIS Ombudsman. To check the official announcement, click here.
• Update 9/9/2021: “The Department of Homeland Security has announced the automatic extension of TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. TPS beneficiaries from these six countries will retain their status, provided they continue to meet all the individual requirements for TPS eligibility. The automatic extension of TPS-related documentation includes Employment Authorization Documents (EADs) through Dec. 31, 2022.”
• Update 7/9/2021: The Department of Homeland Security published a Federal Register Notice on July 7, 2021, which extends and re-designates Yemen for Temporary Protected Status (TPS) for 18 months from Sept. 4, 2021, through March 3, 2023. Current beneficiaries must re-register by September 7, 2021. New eligible individuals- who have been residing in the U.S. since July 5, 2021, and continuously present in the U.S. since September 4, 2021- may submit Form I-821, Application for Temporary Protected Status throughout the period ending March 3, 2023.

This blog post had a look at the TPS which is commonly called “an umbrella on a rainy day“. Now that Burmese can apply for TPS from May 25, 2021, hope this post could help you to learn about your options and where to get more information.

To learn all of the F-1 visa benefits, click F-1 visa info. For OPT and STEM OPT information, click OPT and STEM OPT page respectively.