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Temporary Protected Status
An Overview for International Educators
Your Experience with TPS or SSR
My Interest in TPS
1. Global Detroit
and International
Institute of
Metro Detroit
2. Saginaw
Valley State
University
My fellow presenters
• Stacy Stremlow
• International Student Advisor at Saginaw Valley State University
• Susan Reed
• Managing Attorney with the Michigan Immigrant Rights Center
Flow
•Overview of Temporary Protected Status
•Process of applying for TPS
•Overview of Special Student Relief
•Interview with TPS/SSR Nepali students findings
•Group discussion
•Resources
*Please interrupt at any time with
questions/thoughts/comments/advice
What is Temporary Protected Status ?
• Temporary Protected Status (TPS) is a temporary immigration status for eligible nationals of certain countries. TPS
is not a green card.
• Countries are designated for TPS by the Secretary of Homeland Security because conditions in the country
prevent nationals from returning safely due to armed conflict, natural disasters, etc.
• To receive TPS, an applicant must have been in the United States at the time the designation was made. People
who come or came to the U.S. after that designated date may not apply for TPS.
• Individuals who receive TPS can lawfully remain and work in the U.S.
• The government can terminate TPS and if it decides to do so, a recipient may lose his/her right to work and live in
the U.S. If TPS for Nepal, for example, is terminated, the recipient will return to the same immigration status
s/he had before TPS or to any other status s/he may have secured in the interim.
History of TPS
• Established in 1990 under the Immigration Act
• Prior to 1990, Extended Voluntary Departure (EVD) was granted to people preventing
deportation to a country that was experiencing instability
• Ex. Granted to Lebanese living in the U.S. during their civil war, from 1976-1991
• However, the criteria for determining if a country qualified for EVD was vague, leading
to the creation of Temporary Protected Status, the rules of which are more specific in
determining qualifying countries
• When it comes to a country experiencing a natural disaster, the affected country must
officially request from the U.S. that TPS is granted, but that is not the case for countries
in civil conflict
Countries Currently Designated for TPS
• El Salvador-
since 2001; civil
war
• Guinea- since
2014; Ebola
epidemic
• Haiti- since
2010; earthquake
• Honduras-
since 1999;
hurricane
• Liberia- since
1991; civil
conflict and Ebola
epidemic
• Sudan- since 1997;
civil conflict
• South Sudan-
since 2011; civil
conflict
• Syria-since 2012;
civil conflict
• Yemen- since
2015; civil conflict
• Nepal- since 2015;
earthquake
• Nicaragua- since
1999; hurricane
• Sierra Leone-
since 1997; civil
conflict and Ebola
epidemic
• Somalia- since
1995; civil conflict
How to apply for TPS?
• To apply for TPS, an applicant must complete Form I-821 and provide proof:
• Of identity and nationality,
• That s/he was present in the U.S. on the designated date
• That s/he has been living here since that date, and
• That s/he is admissible to the U.S. (or eligible for a waiver)
(Applicants do not have to prove that they were lawfully in the U.S. on the designated date)
• Applicant must also file a Form I-765, Application for Employment
Authorization, with Form I-821, regardless of age, even if not requesting
employment authorization
• Fee Waiver Form I-912
To prove that a person was in the U.S on the day TPS was announced and that s/he has been in the
U.S. since that date, s/he can provide copies of the following:
• copy of the passport,
• form I-94 arrival and departure record,
• employment records (such as a W2 or a letter from employer confirming the dates of your employment and
job duties),
• rent receipts or utility bills showing the date for receiving services,
• school records children which show the period of attendance,
• letters from churches or other organization which confirm residence and membership in the
church/organization.
• letters between applicant and others which were delivered to the address on or after the date TPS was
announced,
• receipts with the date,
• bank transactions, money orders,
• deeds, mortgages, or any other document you think is relevant.
What documents are required for a TPS
application to be approved?
How much does it cost to apply for TPS?
Everyone must submit the $50 fee, payable to the Department of Homeland Security, along
with their I-821. There may be additional fees depending on age and if the person is
requesting work authorization or needs a waiver of inadmissibility
Age $50 TPS application $85 biometrics fee $ 380 work
authorization
Total Cost
Under 14 but NOT
requesting work
authorization
 $50
Under 14 AND requesting
work authorization  No fee
required
$50
14 – 65 but NOT
requesting work
authorization
  No fee
required
$135
14 – 65 AND requesting
work authorization    $515
66+ AND requesting work
authorization   No fee
required
$135
66+ but NOT requesting
work authorization   No fee
required
$135
If an applicant already has another status,
should s/he apply for TPS?
• Generally, yes. A person with any other non-immigrant status, such as F-1, may apply for
and receive TPS. If someone who already has another non-immigrant status applies for
and receives TPS, he or she will continue to have both statuses.
• Keep in mind, noncitizens are responsible for understanding all of the requirements and
restrictions that go along with each status s/he may hold. TPS will not alter the rules
limiting employment for certain non-immigrants such as F-1 students
Special Student Relief
• Suspends or alters rules students usually must follow regarding course
load and employment
• Benefits students from parts of the world experiencing circumstances
resulting in extreme economic hardship
• Activated by the Department of Homeland Security
• 1998 saw the first suspension of F-1 rules for students from Indonesia,
South Korea, Malaysia, Thailand, and the Philippines due to an economic
crisis
• Since then, special student relief has benefited students affected by
Hurricane Katrina in 2005, from Haiti (2010-present), from Libya (2011),
from Syria (2012-present), and from Nepal (2015-present)
Difference between Temporary Protected
Status and Special Student Relief
TPS SSR
Designated by: Department of Homeland Security Department of Homeland Security
Designated for: All people of designated country living
in the U.S. on or before designation
was made
Only students of designated country
studying in the U.S. during designated time
period
DSO (Designated
School Official)
must:
Refer student to immigration lawyer • Update I-20s of qualifying students to
reflect the reduced course load and
employment guidelines according to the
SSR notice
• Direct students to apply for employment
authorization if they don't already have
it
Difference between Economic Hardship and Special
Student Relief for F-1 students?
(More details in NAFSA Advisor’s Manual)
Economic Hardship SSR
Preconditions: • F-1 status for at least one full academic year
• Prove to USCIS that employment is necessary due
to severe economic hardship caused by
circumstances beyond his or her control that
arose after obtaining F-1 status
• Depends on Federal Register notices for each
designated country
Duration: • Granted in 1-year increments (or until program
end date) by USCIS for up to 20 hours/week
• Depends on expiration date according to Federal
Register or student’s program end date, whichever
comes first, for greater than 20 hours/week
Location: • Allows for off-campus employment • Allows employment on or off campus
DSO (Designated
School Official)
must:
• Determine eligibility for the benefit, including
maintenance of F-1 status for at least one
academic year and currently in good standing as
a student.
• Update SEVIS with a recommendation for Off-
Campus employment
• Determine if student meets eligibility requirements
• Update I-20s of qualifying students to reflect the
reduced course load and employment guidelines
according to the SSR notice
• Direct students to apply for employment authorization
if necessary
The role of a DSO?
• Understanding what TPS and SSR are, who qualified, the benefits
granted, and the process of attaining the benefits
• Reading the Federal Register Notices thoroughly and constantly
referring back to them
• Knowing where to find information if unsure:
• USCIS-United States Citizenship and Immigration Services
• Federal Register-daily publication of the US federal government that issues
proposed and final administrative regulations of federal agencies
• NAFSA-Association of International Educators
Interview with Nepali Students
5 of our students qualified for both SSR and TPS
• Office Response
• Benefits: employment, reduced course load
• Difficulties: fee waiver, paperwork, transportation to west Michigan,
confusion for DSOs/employers/students
• Going Forward review students' paperwork; better understanding of topic;
Small group discussion
• Learn anything new today?
• Ways of applying your new knowledge back at work or in the
community?
• Formulate questions for Q/A session
Q/A
• If we can’t answer today, we’ll find them for you!
Michigan Resources
(313) 945-8380
www.accesscommunity.org (734) 239-6863
www.michiganimmigrant.org
(877) 507-7774
www.miunited.org
(313) 871-8600
www.iimd.org
(734) 709-1151
www.jfonsemi.org
Resources from today
• PowerPoint can be found on slideshare.net under title: TPS For International
Educators
• http://www.slideshare.net/LaurenHengtgen/tps-for-international-educators-60880501
• Form I-821, Application for Temporary Protected Status and instructions
• https://www.uscis.gov/sites/default/files/files/form/i-821.pdf
• https://www.uscis.gov/sites/default/files/files/form/i-821instr.pdf
• Form I-765, Application for Employment Authorization and instructions
• https://www.uscis.gov/sites/default/files/files/form/i-765.pdf
• https://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf
• Form I-912, Request for Fee Waiver
• https://www.uscis.gov/sites/default/files/files/form/i-912.pdf
• https://www.uscis.gov/sites/default/files/files/form/i-912instr.pdf
• Federal Register Notice
• https://www.federalregister.gov/articles/2015/11/09/2015-28360/employment-
authorization-for-nepali-f-1-students-experiencing-severe-economic-hardship-as-a-direct

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Temporary Protected Status Overview

  • 1. Temporary Protected Status An Overview for International Educators
  • 2. Your Experience with TPS or SSR
  • 3. My Interest in TPS 1. Global Detroit and International Institute of Metro Detroit 2. Saginaw Valley State University
  • 4. My fellow presenters • Stacy Stremlow • International Student Advisor at Saginaw Valley State University • Susan Reed • Managing Attorney with the Michigan Immigrant Rights Center
  • 5. Flow •Overview of Temporary Protected Status •Process of applying for TPS •Overview of Special Student Relief •Interview with TPS/SSR Nepali students findings •Group discussion •Resources *Please interrupt at any time with questions/thoughts/comments/advice
  • 6. What is Temporary Protected Status ? • Temporary Protected Status (TPS) is a temporary immigration status for eligible nationals of certain countries. TPS is not a green card. • Countries are designated for TPS by the Secretary of Homeland Security because conditions in the country prevent nationals from returning safely due to armed conflict, natural disasters, etc. • To receive TPS, an applicant must have been in the United States at the time the designation was made. People who come or came to the U.S. after that designated date may not apply for TPS. • Individuals who receive TPS can lawfully remain and work in the U.S. • The government can terminate TPS and if it decides to do so, a recipient may lose his/her right to work and live in the U.S. If TPS for Nepal, for example, is terminated, the recipient will return to the same immigration status s/he had before TPS or to any other status s/he may have secured in the interim.
  • 7. History of TPS • Established in 1990 under the Immigration Act • Prior to 1990, Extended Voluntary Departure (EVD) was granted to people preventing deportation to a country that was experiencing instability • Ex. Granted to Lebanese living in the U.S. during their civil war, from 1976-1991 • However, the criteria for determining if a country qualified for EVD was vague, leading to the creation of Temporary Protected Status, the rules of which are more specific in determining qualifying countries • When it comes to a country experiencing a natural disaster, the affected country must officially request from the U.S. that TPS is granted, but that is not the case for countries in civil conflict
  • 8. Countries Currently Designated for TPS • El Salvador- since 2001; civil war • Guinea- since 2014; Ebola epidemic • Haiti- since 2010; earthquake • Honduras- since 1999; hurricane • Liberia- since 1991; civil conflict and Ebola epidemic • Sudan- since 1997; civil conflict • South Sudan- since 2011; civil conflict • Syria-since 2012; civil conflict • Yemen- since 2015; civil conflict • Nepal- since 2015; earthquake • Nicaragua- since 1999; hurricane • Sierra Leone- since 1997; civil conflict and Ebola epidemic • Somalia- since 1995; civil conflict
  • 9. How to apply for TPS? • To apply for TPS, an applicant must complete Form I-821 and provide proof: • Of identity and nationality, • That s/he was present in the U.S. on the designated date • That s/he has been living here since that date, and • That s/he is admissible to the U.S. (or eligible for a waiver) (Applicants do not have to prove that they were lawfully in the U.S. on the designated date) • Applicant must also file a Form I-765, Application for Employment Authorization, with Form I-821, regardless of age, even if not requesting employment authorization • Fee Waiver Form I-912
  • 10. To prove that a person was in the U.S on the day TPS was announced and that s/he has been in the U.S. since that date, s/he can provide copies of the following: • copy of the passport, • form I-94 arrival and departure record, • employment records (such as a W2 or a letter from employer confirming the dates of your employment and job duties), • rent receipts or utility bills showing the date for receiving services, • school records children which show the period of attendance, • letters from churches or other organization which confirm residence and membership in the church/organization. • letters between applicant and others which were delivered to the address on or after the date TPS was announced, • receipts with the date, • bank transactions, money orders, • deeds, mortgages, or any other document you think is relevant. What documents are required for a TPS application to be approved?
  • 11. How much does it cost to apply for TPS? Everyone must submit the $50 fee, payable to the Department of Homeland Security, along with their I-821. There may be additional fees depending on age and if the person is requesting work authorization or needs a waiver of inadmissibility Age $50 TPS application $85 biometrics fee $ 380 work authorization Total Cost Under 14 but NOT requesting work authorization  $50 Under 14 AND requesting work authorization  No fee required $50 14 – 65 but NOT requesting work authorization   No fee required $135 14 – 65 AND requesting work authorization    $515 66+ AND requesting work authorization   No fee required $135 66+ but NOT requesting work authorization   No fee required $135
  • 12. If an applicant already has another status, should s/he apply for TPS? • Generally, yes. A person with any other non-immigrant status, such as F-1, may apply for and receive TPS. If someone who already has another non-immigrant status applies for and receives TPS, he or she will continue to have both statuses. • Keep in mind, noncitizens are responsible for understanding all of the requirements and restrictions that go along with each status s/he may hold. TPS will not alter the rules limiting employment for certain non-immigrants such as F-1 students
  • 13. Special Student Relief • Suspends or alters rules students usually must follow regarding course load and employment • Benefits students from parts of the world experiencing circumstances resulting in extreme economic hardship • Activated by the Department of Homeland Security • 1998 saw the first suspension of F-1 rules for students from Indonesia, South Korea, Malaysia, Thailand, and the Philippines due to an economic crisis • Since then, special student relief has benefited students affected by Hurricane Katrina in 2005, from Haiti (2010-present), from Libya (2011), from Syria (2012-present), and from Nepal (2015-present)
  • 14. Difference between Temporary Protected Status and Special Student Relief TPS SSR Designated by: Department of Homeland Security Department of Homeland Security Designated for: All people of designated country living in the U.S. on or before designation was made Only students of designated country studying in the U.S. during designated time period DSO (Designated School Official) must: Refer student to immigration lawyer • Update I-20s of qualifying students to reflect the reduced course load and employment guidelines according to the SSR notice • Direct students to apply for employment authorization if they don't already have it
  • 15. Difference between Economic Hardship and Special Student Relief for F-1 students? (More details in NAFSA Advisor’s Manual) Economic Hardship SSR Preconditions: • F-1 status for at least one full academic year • Prove to USCIS that employment is necessary due to severe economic hardship caused by circumstances beyond his or her control that arose after obtaining F-1 status • Depends on Federal Register notices for each designated country Duration: • Granted in 1-year increments (or until program end date) by USCIS for up to 20 hours/week • Depends on expiration date according to Federal Register or student’s program end date, whichever comes first, for greater than 20 hours/week Location: • Allows for off-campus employment • Allows employment on or off campus DSO (Designated School Official) must: • Determine eligibility for the benefit, including maintenance of F-1 status for at least one academic year and currently in good standing as a student. • Update SEVIS with a recommendation for Off- Campus employment • Determine if student meets eligibility requirements • Update I-20s of qualifying students to reflect the reduced course load and employment guidelines according to the SSR notice • Direct students to apply for employment authorization if necessary
  • 16. The role of a DSO? • Understanding what TPS and SSR are, who qualified, the benefits granted, and the process of attaining the benefits • Reading the Federal Register Notices thoroughly and constantly referring back to them • Knowing where to find information if unsure: • USCIS-United States Citizenship and Immigration Services • Federal Register-daily publication of the US federal government that issues proposed and final administrative regulations of federal agencies • NAFSA-Association of International Educators
  • 17. Interview with Nepali Students 5 of our students qualified for both SSR and TPS • Office Response • Benefits: employment, reduced course load • Difficulties: fee waiver, paperwork, transportation to west Michigan, confusion for DSOs/employers/students • Going Forward review students' paperwork; better understanding of topic;
  • 18. Small group discussion • Learn anything new today? • Ways of applying your new knowledge back at work or in the community? • Formulate questions for Q/A session
  • 19. Q/A • If we can’t answer today, we’ll find them for you!
  • 20. Michigan Resources (313) 945-8380 www.accesscommunity.org (734) 239-6863 www.michiganimmigrant.org (877) 507-7774 www.miunited.org (313) 871-8600 www.iimd.org (734) 709-1151 www.jfonsemi.org
  • 21. Resources from today • PowerPoint can be found on slideshare.net under title: TPS For International Educators • http://www.slideshare.net/LaurenHengtgen/tps-for-international-educators-60880501 • Form I-821, Application for Temporary Protected Status and instructions • https://www.uscis.gov/sites/default/files/files/form/i-821.pdf • https://www.uscis.gov/sites/default/files/files/form/i-821instr.pdf • Form I-765, Application for Employment Authorization and instructions • https://www.uscis.gov/sites/default/files/files/form/i-765.pdf • https://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf • Form I-912, Request for Fee Waiver • https://www.uscis.gov/sites/default/files/files/form/i-912.pdf • https://www.uscis.gov/sites/default/files/files/form/i-912instr.pdf • Federal Register Notice • https://www.federalregister.gov/articles/2015/11/09/2015-28360/employment- authorization-for-nepali-f-1-students-experiencing-severe-economic-hardship-as-a-direct

Editor's Notes

  1. Open with asking: People's experience with TPS throughout the years, whether in an educational setting or different setting; ask why people are attending the session
  2. Reason I decided to present on TPS: 1.Global Detroit involvement Specifics: Yemen 2. Starting my job in the thick of TPS/SSR at SVSU 3. Learn more for the future and understand better the process of my students; provide a greater understanding for fellow international educators
  3. What do I intend to achieve during this presentation
  4. Our usual population as an international student advisor would pay $515 w/o fee waiver
  5. I had wrongly assumed that any time TPS was designated, special student relief would also be; not the case
  6. My co-worker was wondering about these two since he’s had experience with economic hardship; I don’t have experience with updating an I-20 for economic hardship
  7. *Office Response: held session with director of international admissions, international student advisor and career office director regarding filing for TPS; later learned about SSR and worked with me to update their I-20s; students had learned about TPS/SSR from facebook/news/family back home *Benefits to students: employment for all but 1; the reduced course load and increased work hours means they are able to do well in school and stay afloat financially *Difficulties: They had a hard time applying for the fee waiver; only some were granted the fee waiver; weren’t sure how to fill out the application for fee waiver to ensure waiving the fee; difficult time explaining to some employers about their situation; wished they had known to prepare a resume prior to receiving their EAD so they could have been better prepared when it arrived; students who qualified for TPS but not SSR giving the office a hard time because they wanted a reduced course load *Going forward: holding a workshop with the students when they need to reapply for TPS to review application as second set of eyes; our office better understands the processes and more importantly, where to look for correct information