March 25, 2021: Federal Register Notice for New 18-Month Designation of TPS for Burma Published
- Burma received a new 18-month designation of Temporary Protected Status, or TPS, from May 25, 2021, through Nov. 25, 2022.
- USCIS estimates that approximately 1,600 individuals are eligible to file applications for TPS under the designation of Burma.
TPS for Burma
Eligibility for TPS:
- To be eligible for TPS, individuals 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 Burmese national or noncitizen having no nationality who last habitually resided in Burma;
- Have continuously resided in the United States since March 11, 2021; and
- Have been continuously physically present in the United States since May 25, 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.
Registration for TPS:
- A 180-day registration period begins on May 25, 2021, and ends on Nov. 22, 2021.
- To register for TPS based on the designation of Burma, 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 Burma is a new TPS designation, there is a $50 fee for Form I-821, or applicants can apply for a fee waiver.
- 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.
- 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. 25, 2022.
- Burmese individuals 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 during the TPS registration period, 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 the United States Citizenship and Immigration Services, or USCIS, at 888-464-4218 (TTY 877-875-6028) or email USCIS at I-9Central@dhs.gov. USCIS accepts calls in many languages. Employees or applicants may also call the Immigrant and Employee Rights Section, or IER, Worker Hotline at 800-255-8155 (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
Burmese individuals registering for TPS/TPS 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.