The Trump administration previously sought to terminate Temporary Protected Status (TPS) for Nepal in 2018, citing improved conditions following the 2015 earthquake. This decision was challenged in court, leading to a preliminary injunction that halted the termination. Subsequently, in June 2023, the Department of Homeland Security (DHS) under the Biden administration rescinded the prior termination and extended TPS for Nepal for 18 months, from December 25, 2023, through June 24, 2025.
If a new Trump administration were to pursue ending Nepal’s TPS designation, it would need to follow a formal process:
Assessment of Country Conditions: DHS would evaluate current conditions in Nepal to determine if TPS is still warranted. TPS is designated when a country faces ongoing armed conflict, environmental disasters, or other extraordinary conditions that prevent safe return of its nationals.
Federal Register Notice: If DHS decides to terminate TPS, it must publish a notice in the Federal Register detailing the decision and providing at least a 60-day notice before the termination becomes effective. This period allows beneficiaries to make necessary arrangements, such as seeking alternative legal status or preparing for departure.
Legal Challenges: Previous attempts to terminate TPS for countries like Nepal have faced legal challenges, resulting in injunctions that delayed or blocked terminations. Any new termination effort could similarly be subject to litigation, potentially affecting the timeline and implementation.
The outlined steps and timeline provide a realistic projection of how such a move could unfold, including potential litigation and delays. Here’s a practical summary of the key points with actionable advice:
Likely Timeline:
• A decision to end TPS for Nepal could be announced around May or June 2025.
• After a mandatory 60-day notice period, the termination might take effect by August 2025, at the earliest.
• Legal challenges could delay implementation, potentially extending the program for one to two more years while litigation proceeds.
Steps to Take Now:
Given the uncertainty, individuals currently on TPS should actively explore options to secure a more permanent immigration status. Viable pathways include:
• Employment-Based Options: Transitioning to H-1B, NIW, or EB-1A, or pursuing PERM-based green cards for roles like cooks, store managers, or other qualifying positions.
• Family-Based Immigration: If eligible, seek green card options through family petitions.
• Student Visas: Consider shifting to F-1 status to continue education in the U.S.
Proactive Planning:
It is crucial to start the process now, as these transitions can take time, and waiting until the last minute could limit available options.
Legal Assistance:
Consult an experienced immigration attorney to evaluate your case and explore the best possible pathways. For guidance, contact Keshab at 212-571-6002 to discuss your specific situation and begin preparations immediately.
Stay Informed:
Regularly monitor official DHS updates and be aware of developments regarding TPS for Nepal. Legal advice tailored to your circumstances will be essential to navigating potential changes effectively.
Time is of the essence, so taking action now will help ensure you have options regardless of what policy changes may come.
Keshab Raj Seadie
View More PostsKeshab Raj Seadie is a renowned immigration lawyer and managing partner of the Law Office of Keshab Raj Seadie, PC, a full-service immigration law firm in NYC. They have a stellar track record in obtaining visas for both immigrants and non-immigrants. With a focus on assisting businesses and families, they excel in navigating immigration and naturalization processes. The office, conveniently located in Midtown Manhattan, works closely with domestic and international corporations to employ foreign nationals successfully. Their multilingual team, speaking over 10 languages, ensures effective communication with clients from diverse backgrounds.
