Hondurans and Nepalis in the U.S. in Temporary Protected Status (TPS) just got a break.

TPS for beneficiaries from Nepal was set to terminate on June 24, 2019. TPS for beneficiaries from Honduras was set to terminate on January 5, 2020. On March 12, 2019, the Administration entered into an agreement with the plaintiffs challenging the termination of TPS from those two countries. The parties agreed to stay the case and not enforce the decision to terminate TPS for Nepal and Honduras until after a final decision in the Ramos case in California.

In Ramos, a preliminary injunction was issued stopping the government from terminating TPS for beneficiaries from El Salvador, Haiti, Nicaragua, and Sudan. In response, DHS automatically extended TPS for beneficiaries from those countries until January 2, 2020.

The government has agreed to take the following “equivalent” steps for TPS beneficiaries from Honduras and Nepal:

  • TPS designations will remain in effect until there is a final decision in Ramos;
  • Notices will be periodically posted in the Federal Register extending TPS designation;
  • Late re-registration notices from TPS holders from Nepal and Honduras will be adjudicated; and
  • If the Ramos injunction is lifted, the government will hold off terminating TPS for those from Honduras and Nepal for at least 120 days from the order or 180 days from when the stay is vacated.

We will provide updates as formal notices become available.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.