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Temporary Protection

Temporary Protected Status

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Temporary Protected Status (TPS) is the primary "protected status" which the U.S. government grants to eligible individuals from certain designated countries, authorizing them to remain in the U.S. for a certain period of time.

Who is Eligible for Temporary Protected Status?

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The USCIS states:

"You may be eligible to apply for temporary protected status if:

* You are a national of a country designated for TPS. (You may also be eligible if you are a person who has no nationality but last habitually resided in a designated country.) Please see our list of countries designated for temporary protected status.

* You apply for TPS during the specified registration period. The registration period is stated in Federal Register notices of designation and is also generally noted in USCIS press releases. For specific Federal Register notice cites, please see our list of countries currently designated for temporary protected status.

* You have been continuously physically present in the United States since the TPS designation began, or since the effective date of the most recent re-designation. For dates of specific country designations, please see our list of countries designated for temporary protected status.

* You have continuously resided in the United States since the date specified in the Federal Register notice of designation. This date may be different than the effective date of the TPS designation.

* You are admissible as an immigrant and are not otherwise ineligible for TPS. Applicable grounds of inadmissibility and bases for ineligibility are specified in CFR 244.3 and 244.4, respectively. You may also consult the instructions on USCIS Form I-821 (Application for Temporary Protected Status)."

Deferred Enforced Departure

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Deferred Enforced Departure (DED) is a type of temporary protection from removal which is granted to individuals from designated countries. It is similar to TPS; however, unlike TPS, DED is designated by the Office of the President of the United States of America, as a constitutional power to conduct foreign relations. On the other hand, with respect to TPS, the Secretary of Homeland Security can designate a country for TPS.

Only the President can designate DED for nationals of a particular country by Executive Order or Presidential Memorandum. DED was first used in 1990. It has been used a total of five times. At the time of this writing, 17-Sep-2006: there are no countries currently designated under DED.

Advance Parole

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Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status or other benefits.  This section discusses various issues regarding Advance Parole.

USCIS Reminds Applicants for Adjustment of Status, and other benefits, to obtain ADVANCE PAROLE Before Holiday Travel Abroad

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The USCIS issued a Press Release, on October 4, 2006, reminding Applicants for Adjustment of Status, and other benefits, to obtain ADVANCE PAROLE Before Holiday Travel Abroad.

U.S. offers to take in Burundi refugees

Thu, 10/19/2006 - 11:42am — JSA
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The U.S. is offering to permanently resettle up to 10,000 refugees from a 12-year civil war in the African country of Burundi, the State Department said Tuesday.

Temporary Protection

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"Temporary protection" is a temporary type of immigration status which grants qualifying individuals from certain designated countries authorization to remain in the U.S. and obtain work authorization for a temporary period of time.

DHS Announces 12-Month Extension of Temporary Protected Status (TPS) for Nationals of Burundi until 2-NOV-2007

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The U.S. Department of Homeland Security (DHS) announced a 12-month extension of Temporary Protected Status (TPS) for nationals of Burundi until November 2, 2007.

Senators introduce Bill to to Grant Temporary Protected Status to Nationals of Lebanon

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Senators Durbin and Sununu introduced a bill which would grant Temporary Protected Status to Nationals of Lebanon. Lebanon would be designated for TPS under INA section 244(b).

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Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

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"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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