The Temporary Protected Status (TPS) for several countries is set to expire soon, joining a list of programs terminated by the Trump Administration in the past year.
Temporary Protected Status (TPS) is a U.S. immigration status granted to eligible nationals of designated countries experiencing ongoing conflict, environmental disasters, or other exceptional conditions that prevent them from returning safely.
Haiti is set to end on Feb. 3, Ethiopia on Feb. 13, and Somalia on March 17. Myanmar, also known as Burma, had an expiration date of Jan. 26 but was instead paused on Jan. 23 by a federal judge while the termination case is litigated.
TPS designations have already ended for Honduras, Nepal, Nicaragua, Venezuela, Afghanistan, South Sudan, and Cameroon. Terminations for El Salvador, Lebanon, Sudan, Syria, Ukraine, and Yemen have yet to be formally announced. Many of these designations continue because federal judges have blocked the Department of Homeland Security’s decisions, while others have been terminated after the Supreme Court upheld those terminations (as in the cases of Haiti and Venezuela).
Why the EB-5 visa program can be an option for TPS terminations
When TPS is terminated, affected individuals often look for permanent immigration solutions. For wealthier TPS holders, the EB-5 visa can become a long-term legal pathway. This can increase demand for EB-5 applications from certain countries.
Since the EB-5 Reform and Integrity Act (RI) of 2022, individuals in the U.S. with valid status, such as TPS, can take advantage of concurrent filing by submitting their I-526 petition and I-485 adjustment of status application at the same time. This is a win for stability; as soon as that I-485 is on file, the applicant can legally remain in the country and secure a fresh Employment Authorization Document (EAD) and Advance Parole travel permit. It essentially swaps out the temporary safety of TPS for a more permanent bridge, ensuring that even if a country’s designation expires, the individual’s right to work and live in the U.S. stays firmly in place while they wait for their green card.
What is TPS, and why is it being terminated for some countries?
The termination of TPS ends a lifeline for many who cannot return home due to ongoing conflicts or disasters.
The programs allow individuals from these countries to live and work in the U.S. temporarily while unsafe conditions persist in their home countries. Its extensions or terminations depend on the situation in designated countries.
DHS argues that the original reasons for TPS, such as natural disasters or civil war, no longer apply, as conditions in these nations have improved. The Trump Administration has also emphasized the need to end perceived abuses of these programs.
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