Afghans who are already residing in the United States will be eligible for Temporary Protected Status (TPS), according to an announcement from the Department of Homeland Security (DHS). This designation will protect more than 74,000 Afghans from returning to unsafe conditions in their homeland.

DHS Secretary Alejandro N. Mayorkas stated that this would protect Afghan nationals who are already living in the United States and “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.”

To be eligible for the 18-month initial grant of TPS, Afghan nationals must be already residing in the United States as of March 15, 2022. Similar to the recent grant of TPS to Ukrainians, anyone arriving from Afghanistan after the announced date will not be eligible. Individuals who arrived in the United States as part of the evacuation effort through Operation Allies Welcome were paroled in the United States on a case-by-case basis for a period of two years. These individuals may also be eligible for the new grant of TPS and employment authorization. As always, TPS applicants will have to undergo security and background checks.

The TPS grant for Afghanistan will go into effect upon publication in the Federal Register. When published, the notice will provide instructions on how to apply for TPS and for Employment Authorization.

Jackson Lewis attorneys are available to assist you with questions about this new grant of TPS.