The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Burma for an additional 18 months from November 26, 2022, through May 25, 2024, due to the extraordinary and temporary conditions in Burma that prevent individuals from safely returning. This means that approximately 1,000 current beneficiaries will be able to remain in the United States beyond November 26, 2022. DHS is also redesignating Burma for TPS, which means an approximately 2,300 additional individuals from Burma who have been residing in the United States since September 25, 2022, will be eligible to make an initial application for TPS.

Instructions on how to extend or make an initial application are in the Federal Register.

Re-registration and applications for employment authorization document (EAD) renewals must be timely filed during the 60-day re-registration period that runs from September 27, 2022, through November 26, 2022. Recognizing that EAD approvals might be delayed, DHS is automatically extending EADs until November 25, 2023, for individuals whose current TPS-based EADs expire on November 25, 2022.

Individuals with currently pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, need not reapply. If approved, those will be valid until May 25, 2024.

First-time applicants for TPS and EADs must submit their forms between September 27, 2022, and May 25, 2024.

All applicants may also apply for travel authorization by filing a Form I-131, Application for Travel Document. Travel authorization will be granted at the discretion of USCIS.

Finally, DHS is continuing to provide relief to F-1 nonimmigrant students from Burma who are experiencing economic hardship resulting from the crises in Burma. These students may request employment authorization, work an increased number of hours, and reduce their course load while maintaining status.

If you have questions about Form I-9 Employment Eligibility Verification Authorization and other issues surrounding employees in TPS, Jackson Lewis attorneys are available to assist.

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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…

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.

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