May 20, 2022: Federal Register Notice for New 18-Month TPS Designation for Afghanistan Published
- Afghanistan received a new 18-month designation of Temporary Protected Status, or TPS, designation from May 20, 2022, through Nov. 20, 2023.
- USCIS estimates that approximately 72,500 individuals are eligible to file applications for TPS under the designation of Afghanistan.
Temporary Protected Status for Afghanistan
Eligibility for TPS:
- To be eligible for TPS, Afghans 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 national of Afghanistan or noncitizen having no nationality who last habitually resided in Afghanistan;
- Have continuously resided in the United States since March 15, 2022; and
- Have been continuously physically present in the United States since May 20, 2022.
- 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
- Failing to meet the continuous physical presence and continuous residence in the United States requirements.
Registration for TPS:
- The registration period will run the entire length of the designation, opening May 20, 2022, and ending Nov. 20, 2023.
- To register for TPS based on the designation of Afghanistan, you 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)).
- Because Afghanistan is a new TPS designation, there is a $50 fee for Form I-821, or applicants can apply for a fee waiver.
- Applicants aged 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.
- If you receive a denial of your fee waiver request and are unable to refile by the registration deadline, you may still refile your Form I-821 with the biometrics fee. USCIS will review this situation to determine whether you established good cause for late TPS registration. However, you are urged to refile within 45 days of the date on any USCIS fee waiver denial notice, if possible.
Work Authorization for TPS:
- TPS work authorization under this designation will be valid until Nov. 20, 2023.
- Afghans 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 Form I-765 fee (or submit a Request for a Fee Waiver (Form I-912)).
- If you do not want to request an EAD when you file your I-821, you may also file Form I-765 at a later date and pay the fee (or request a fee waiver), provided that you still have TPS or a pending TPS application.
- Consult the Federal Register Notice for more information about what documents to present to your employer related to work authorization through TPS.
- For general questions about the employment eligibility verification process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at I-9Central@dhs.gov. USCIS accepts calls in English, Spanish and many other languages. Employees or applicants may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for information regarding employment discrimination based upon citizenship, immigration status, or national origin, including discrimination related to Form I-9 and E-Verify.
Avoiding Legal Services Fraud:
Afghans registering for TPS, and work authorization 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.