Key information:

• Burma Temporary Protected Status, or TPS, was extended for 18 months and redesignated, from Nov. 26, 2022, through May 25, 2024.
• To maintain TPS through the 18-month period, current Burmese TPS holders will need to re-register during the 60-day re-registration period, which runs from Sept. 27, 2022, through Nov. 26, 2022.
• Current Burmese TPS holders who have EADs with a Nov. 25, 2022, expiration date receive an automatic extension of their work authorization through Nov. 25, 2023.
• The redesignation of Burma allows additional individuals who have been continuously residing in the United States since Sept. 25, 2022, and continuously physically present in the United States since Nov. 26, 2022, to obtain TPS, if otherwise eligible. The registration period for the redesignation will remain open from Sept. 27, 2022, through May 25, 2024.

REDESIGNATION (ELIGIBILITY AND REGISTRATION PROCESS FOR BURMESE NATIONALS WHO DO NOT CURRENTLY HAVE TPS):

Eligibility based on redesignation:

• To be eligible for TPS under the redesignation, applicants 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 individual having no nationality who last habitually resided in Burma;
  • Have continuously resided in the United States since Sept. 25, 2022; and
  • Have been continuously physically present in the United States since Nov. 26, 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
  • Fail to meet the continuous physical presence and continuous residence in the United States requirements.

Procedures for registration:

• The registration period for Burmese nationals eligible under the redesignation runs from Sept. 27, 2022, through May 25, 2024. Eligible Burmese nationals are encouraged to apply as early as possible during the registration period.
• USCIS now offers online filing for Burmese nationals newly eligible under the redesignation. Learn more here.
• Burmese nationals who are newly filing for TPS under the redesignation must pay the $50 fee for the Application for Temporary Protected Status (Form I-821) or submit a Request for a Fee Waiver (Form I-912).
• 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: www.uscis.gov/i-912.

Work authorization under redesignation:

• Burmese nationals eligible for TPS under the redesignation may apply for work authorization when they register for TPS or after.
• TPS work authorization under this designation will be valid through May 25, 2024.
• Burmese nationals 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 associated $410 fee (or submit a Request for a Fee Waiver (Form I-912)).
• More information on fee waivers can be found here: www.uscis.gov/i-912.

EXTENSION (CURRENT BURMESE TPS HOLDERS):

Procedures for re-registration:

• The 60-day re-registration period for CURRENT Burmese TPS holders runs from Sept. 27, 2022, to Nov. 26, 2022. TPS holders are encouraged to apply as early as possible during the re-registration period.
• To re-register, current TPS holders who do not have a pending application must submit the TPS application (Form I-821). Current Burmese TPS holders DO NOT need to pay a filing fee with Form I-821.
• Although current TPS holders do not need to pay a filing fee for Form I-821, TPS holders age 14 and over must 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: www.uscis.gov/i-912.
• Exception to re-registration: Individuals who have a Burma TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of Sept. 27, 2022, do not need to file either application again. If USCIS approves an individual’s Form I-821, USCIS will grant the individual TPS through May 25, 2024. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the

Work authorization:

• TPS work authorization under this designation will be valid until May 25, 2024.
• For current Burmese TPS holders, EADs with an expiration date of Nov. 25, 2022, are automatically extended through Nov. 25, 2023.
• Burmese TPS holders who do not have an application pending from the previous re-registration period and who wish to receive work authorization through the entire TPS designation period (through May 25, 2024), must file the I-821 along with an Application for Employment Authorization (Form I-765) and pay the $410 fee and the biometrics service fee, which is $85 (or request a fee waiver). More information on fee waivers can be found here: www.uscis.gov/i-912.
• Individuals who have a Burmese TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of September 27, 2022, do not need to file either application again. If USCIS approves an individual’s Form I-821, USCIS will grant the individual TPS through May 25, 2024. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.
• Burmese TPS holders who do not have pending applications from the last re-registration period and are seeking work authorization through May 25, 2024, are encouraged to submit Form I-765 when they submit their Form I-821 and biometrics fee as soon as possible during the 60-day re-registration period.
• Burmese TPS holders may apply for work authorization through May 25, 2024, at a later time (after the 60-day re-registration period closes on Nov. 26, 2022), but risk having gaps in employment authorization.

Avoiding legal services fraud:

• Individuals registering or re-registering for TPS 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.