In a significant move, the U.S. Department of Homeland Security (DHS) has extended temporary immigration protections for Lebanese nationals currently residing in the United States. These measures, which include Temporary Protected Status (TPS) and Deferred Enforced Departure (DED), will provide critical relief to individuals affected by the ongoing humanitarian crisis in Lebanon. Let us break down what these programs mean, who qualifies, and how to apply.
Why TPS and DED for Lebanese Nationals?
Lebanon has been experiencing severe and dangerous conditions, particularly due to armed conflict and political instability. DHS has recognized these circumstances make it unsafe for Lebanese nationals to return home. In response, Secretary Alejandro Mayorkas has designated Lebanon for TPS for 18 months, allowing eligible Lebanese nationals to remain in the United States temporarily. Additionally, the Biden administration granted DED to Lebanese nationals, providing further protection from deportation until January 25, 2026.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration benefit that allows individuals from designated countries to stay in the United States if conditions in their home country prevent them from returning safely. Under TPS, beneficiaries:
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- Cannot be deported while their TPS is active.
- Are eligible to apply for work authorization (Employment Authorization Document aka EAD).
- Can apply for travel authorization to leave and return to the U.S.
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TPS is statutory, meaning it is based on law and can be extended depending on the circumstances in the designated country. In the case of Lebanon, individuals must have been continuously residing in the U.S. since October 16, 2024, to qualify for TPS under this designation.
What is Deferred Enforced Departure (DED)?
DED, like TPS, provides temporary protection from deportation, but it differs in several key ways:
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- DED is an executive action issued by the President and can be revoked at any time.
- Individuals under DED do not need to apply for this protection, though they can request an EAD to work legally in the U.S.
- DED for Lebanese nationals is set to expire on January 25, 2026, unless extended.
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Unlike TPS, DED does not require an application process. However, if a Lebanese national wishes to work legally while under DED, they must file Form I-765 for employment authorization.
Who is Eligible?
For TPS:
To qualify for TPS, Lebanese nationals (or those without nationality who last habitually resided in Lebanon) must:
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- Have continuously resided in the U.S. since October 16, 2024.
- Apply during the registration period once the Federal Register Notice (FRN) is published.
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Individuals who entered the U.S. after October 16, 2024, are not eligible for TPS.
For DED:
To be eligible for DED, individuals must:
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- Be Lebanese nationals (or without nationality but habitually residing in Lebanon).
- Have been continuously physically present in the U.S. since July 26, 2024.
- Not fall under any ineligible categories, such as those who have committed certain crimes or pose national security threats.
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How to Apply for Work Authorization
Both TPS and DED beneficiaries can apply for an Employment Authorization Document (EAD), which allows them to work legally in the U.S.
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- For TPS: File Form I-821 (Application for TPS) and Form I-765 (Application for Employment Authorization). The Federal Register Notice will provide full details once it is published.
- For DED: File Form I-765, indicating “A11” in response to question 27. The EAD will be valid until January 25, 2026.
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Special Student Relief for F-1 Students
The DHS has also issued a Special Student Relief (SSR) for Lebanese F-1 students, allowing them to:
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- Apply for employment authorization.
- Work more hours while maintaining F-1 status.
- Reduce their course load without risking their immigration status.
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Approximately 1,740 Lebanese F-1 students in the U.S. may benefit from this special provision.
Application Fees
There are several fees associated with TPS and DED applications:
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- Form I-821 (TPS): $50 (for first-time applicants), plus a $30 biometrics fee.
- Form I-765 (EAD for TPS): $470 if filed online, $520 if filed by paper.
- Form I-765 (EAD for DED): $520; applicants cannot request a fee waiver.
- Form I-131 (Travel Authorization): $630.
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If an individual is unable to pay the fees, they may apply for a fee waiver using Form I-912, but this option does not apply to DED-based I-765 applications.
What Happens After TPS or DED Ends?
When TPS or DED expires, individuals who do not have another lawful immigration status may start accruing unlawful presence. However, while they are present in the U.S. under TPS or DED status, they do not accrue unlawful presence.
TPS and DED protections provide crucial opportunities for thousands of Lebanese nationals to legally remain in the U.S. while Lebanon faces continued instability. It’s important for eligible individuals to apply as soon as the Federal Register Notice is published and to gather all necessary documents to ensure they meet the eligibility criteria.
While TPS and DED provide temporary relief, it is essential to note that these protections do not lead directly to permanent residency or citizenship. Beneficiaries should consult with a qualified immigration attorney or accredited representative to explore their options for long-term solutions.
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About the Author:
Najah S. Allaham (Associate, Detroit) is an associate with Dickinson Wright’s Immigration Practice Group. Najah has years of experience assisting employers obtain employment based immigrant visas, including PERM labor certifications, EB1, EB2, and EB3 immigrant visas as well as various nonimmigrant employment based visas including E-2, L-1,H-1B, H-2B, TN visas. She can be reached at 248-433-7579 or nallaham@dickinsonwright.com and her bio can be accessed here.