The Department of Homeland Security designates Lebanon for TPS and DE

The Department of Homeland Security (DHS) announced that Lebanon is receiving Temporary Protected Status (TPS) for a period of 18 months and also established procedures for eligible Lebanese nationals granted deferred enforced departure to obtain Employment Authorization Documents (EADs). to apply.

DHS published a notice in the Federal Register on November 26, 2024, officially designating Lebanon for TPS. The initial registration period begins on November 27, 2024. Lebanese nationals who have resided in the United States continuously since October 16, 2024 and have been physically present in the United States continuously since November 27, 2024 may apply for TPS if they are otherwise eligible .

background

DHS may grant Temporary Protected Status (TPS) to a foreign country if that country has conditions that would make return unsafe for individuals who are nationals of that country. These may include circumstances such as warfare or other armed conflicts, natural disasters or similar exceptional and temporary circumstances. TPS allows nationals of this country who were physically present in the United States prior to the TPS designation date to apply for temporary status and obtain an Employment Authorization Document (EAD).

Deferred Enforced Departure (DED) is an administrative stay of deportation ordered by the President of the United States. DED may be authorized in situations where certain groups of non-citizens may be at risk if they are required to return to countries or parts of such countries experiencing political instability, conflict or other unsafe conditions, or if there are other foreign policy reasons for the admission speaks to certain group of non-citizens who are intended to remain temporarily in the United States.

Although DED does not have a specific immigration status and does not require eligible nationals to file an application with USCIS, individuals covered by DED are not required to be deported from the United States, usually for a specific period of time. In addition, the President may direct the Secretary to provide, during the specified period, certain benefits permitted by immigration laws, such as: B. a work permit, for non-citizens covered by the DED Directive.

Lebanon DED

On July 26, 2024, the President determined that due to significantly deteriorated humanitarian conditions in southern Lebanon that have placed Lebanese civilians at risk, it was in the foreign policy interest of the United States to postpone the deadline by 18 months until January 25, 2026, the removal of certain Lebanese nationals residing in the United States and the provision of work authorization documents (EAD) to them. Therefore, the President directed the Secretary of Homeland Security to establish procedures to allow certain Lebanese nationals covered by the DED to apply for EADs valid until January 25, 2026.

On October 18, DHS/USCIS issued the Federal Register Notice providing for DED eligibility for Lebanon and EAD eligibility for these Lebanese DED nationals. These individuals can now file Form I-765 to obtain legal authorization to work in the United States.

Eligible for DED and EAD are non-citizens of the United States who are citizens of Lebanon and were present in the United States as of July 26, 2024, except:

• Who voluntarily returned to Lebanon after July 26, 2024
• Who has not been a continuous resident of the United States since or before July 26, 2024
• Inadmissible under the Immigration and Nationality Act (INA) (8 USC 1182(a)(3)) or deportable under Section 237(a)(4) of the INA (8 USC 1227(a)(4)).
• Who has been convicted of a felony or two or more misdemeanors committed in the United States or who has any of the offenses specified in Section 208(b)(2)(A) of the INA (8 USC 1158(b)( 2)(A))
• Who is subject to extradition?
• Whose presence in the United States has been determined by the Secretary of Homeland Security not to be in the interest of the United States or to constitute a threat to public safety
• The Secretary of State has reasonable grounds to believe that their presence in the United States would have potentially serious adverse foreign policy consequences for the United States

Lebanon TPS

On October 17, the Secretary of DHS announced that he would also designate a new TPS for Lebanon, and on November 26, the Federal Register notice designating Lebanon as a TPS was published. Those approved for TPS can remain in the United States while the designation is extended due to instability and security risks on the Israel-Lebanon border.

Lebanese nationals (and non-citizens most recently habitually resident in Lebanon) who have been continuously residing in the United States since October 16, 2024 may make initial applications for TPS. Lebanese nationals who first entered the United States after October 16, 2024 will do so not Be eligible for TPS.

The 18-month TPS designation for Lebanon will take effect on the publication date of the forthcoming document Federal Register observe. The Federal Register The notice provides instructions on how to apply for TPS and a work authorization document.

DHS estimates that 11,000 Lebanese nationals will likely be eligible for DED and TPS. Additionally, there are approximately 1,740 nonimmigrant F-1 students from Lebanon in the United States who may be eligible for special student assistance.

analysis

• DED is an administrative relief granted by the President that can be reversed when President-elect Trump takes office.
• The expected publication of the Federal Register of Lebanese TPS is not expected to be influenced by the recent presidential election.
• Lebanese nationals eligible for TPS may consider an application even if they have a valid nonimmigrant visa. TPS applicants have the right to apply for early parole, which, if approved, allows international travel without a nonimmigrant visa.
• Traveling on early parole may result in loss of nonimmigrant visa status. TPS beneficiaries are eligible for an EAD and could continue to work in the United States. However, if the TPS expires, these individuals would need to be re-sponsored for nonimmigrant visa status to maintain their lawful status and work authorization.
• Citizens of Lebanon who are on visa status in the United States have had difficulty obtaining visas to travel abroad and return to the United States. The U.S. Embassy in Beirut is not currently processing routine visa applications, which may make it difficult for Lebanese citizens to obtain visas to many third countries where they may be able to apply for a U.S. visa. The latest U.S. Department of State visa guidelines for Lebanon can be found here.