TPS Designations for Afghanistan

The U.S. Department of Homeland Security (DHS) has designated Afghanistan for temporary protected status (TPS). This was done based on the ongoing armed conflict and other problems in the region, including economic crisis, drought, food and water insecurity, and lack of access to healthcare.

Effective March 15, 2022, nationals of Afghanistan residing in the United States are eligible to apply for permission to remain in the U.S. under the TPS program.

Temporary Protected Status

TPS allows nationals of designated countries to remain in the United States for a specified period, due to conditions in their respective home countries that would prevent a safe return. The types of conditions that can give rise to a TPS designation include: armed conflicts, environmental disasters, epidemics, earthquakes, and other extraordinary, temporary conditions. Individuals who are granted TPS are protected against removal (deportation) from the U.S. and are eligible to apply for work and travel authorization. The TPS period is temporary and does not lead to a permanent immigration status.

General Eligibility Requirements

To qualify for TPS under this designation, an individual must be a national of Afghanistan, or, if the person has no nationality, s/he must have last habitually resided in Afghanistan. One also must have continuously resided in the United States since March 15, 2022. Details of this TPS designation will be posted in the Federal Register.

Initial TPS Granted for 18 Months

The TPS designation for Afghanistan has been granted for an initial period of 18 months. If the country conditions do not sufficiently improve during this period, the DHS will have the discretion to extend the duration of the TPS designation. If this occurs, stakeholders must be mindful of the need to reregister and, in most cases, apply to renew work authorization.

Conclusion

There has been pressure placed on the White House for many years to grant TPS to Afghanistan. As DHS Secretary Alejandro N. Mayorkas noted, “Under this designation, TPS will also provide additional protections and assurances to trusted partners and vulnerable Afghans who supported the U.S. military, diplomatic, and humanitarian missions in Afghanistan over the last 20 years.”

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