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On March 16, 2022, the U.S. Department of Homeland Security (DHS) announced the designation of Temporary Protected Status (TPS) for Afghan nationals for eighteen months. Under the designation, TPS will apply to nationals of Afghanistan who have continuously resided in the United States since March 15, 2022. The TPS designation is based on the ongoing armed conflict by the Taliban and the “extraordinary and temporary conditions” in Afghanistan that prevent Afghan nationals from returning safely. The eighteen-month designation will go into effect on the publication date of the forthcoming notice in the Federal Register.

As a result, Afghan citizens who are temporarily present in the United States are permitted to remain in the United States and apply for work authorization for the duration of the TPS designation. Employers may want to consult the Federal Register for details about how to comply with employment verification requirements.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.



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