On September 27, 2022, Secretary of Homeland Security Alejandro N. Mayorkas extended the designation of Temporary Protected Status (TPS) for Burmese nationals (Myanmar) currently residing in the United States. This 18-month extension will be effective between November 26, 2022, through May 25, 2024, and will impact both existing beneficiaries and first-time applicants for TPS.

Under the extension, existing TPS beneficiaries may retain TPS through May 25, 2024, as long as they continue to otherwise meet the eligibility requirements for TPS. Those existing beneficiaries who wish to extend their status through May 25, 2024, must re-register during the 60-day re-registration period. This period runs between September 27, 2022, and November 26, 2022.

In addition, this announcement “re-designates” Burma for TPS, in turn allowing additional Burmese nationals (and individuals having no nationality who last habitually resided in Burma) who have been continuously residing in the United States since September 25, 2022, to apply for TPS for the first time. The initial registration period for new applicants under the Burma TPS redesignation begins on September 27, 2022, and runs through the full length of the redesignation period ending May 25, 2024.

 In addition to demonstrating continuous residence in the United States since September 25, 2022, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since November 26, 2022, the effective date of this redesignation of Burma for TPS.

During the TPS designation period, TPS beneficiaries are eligible to remain in the United States and are authorized to work. Applicants may apply for and receive employment authorization documents (EADs).

Secretary Mayorkas initially designated Burma for TPS on May 25, 2021, on the basis of extraordinary and temporary conditions that prevented nationals of Burma from returning in safety. The move came in response to a coup in the country on February 1, 2021, and an ensuing violent crackdown against peaceful protestors, which has in turn worsened humanitarian conditions in several areas of the country. The Department of Homeland Security estimates that approximately 2,290 individuals may become newly eligible for TPS under the redesignation of Burma.

If you are a citizen or habitual resident of Burma and current beneficiary of TPS seeking to re-register to extend your status through May 25, 2024, or if you believe you may be eligible for an initial registration, please contact Stephen Antwine, Esq. at Green & Spiegel for assistance at santwine@gands-us.com or (215) 395-8959.


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