Immigration Statuses of 15,000 Nepalis in the U.S. Prior to TPS: Diplomats Among Applicants

Following the devastating earthquake in Nepal, the United States granted Temporary Protected Status (TPS) to Nepalis residing in the country. Nepalis without green cards who had been residing in the U.S. since June 24, 2015, were eligible to apply for TPS. Nearly 15,000 Nepalis applied for the status, and approximately 7,500 are still under TPS today.

The U.S. Citizenship and Immigration Services (USCIS) recently released data on the visa statuses held by Nepali applicants before applying for TPS. Interestingly, even Nepali diplomats in the U.S. had applied for TPS during that period. According to USCIS, three Nepali government officials and diplomats on A-1 visas, six on A-2 visas, and one domestic worker on an A-3 visa had applied for TPS.

In addition, 1,176 Nepalis with pending asylum applications had applied for TPS. Among visitors on tourist visas, 92 Nepalis had applied. Furthermore, two Nepalis on transit (C-1) visas and 126 who entered the U.S. without a visa also applied for TPS.

Students made up a significant portion of the applicants, with 1,970 individuals on F-1 student visas and 399 dependents on F-2 visas applying for TPS. Similarly, 555 Nepalis on H-1B work visas and 218 dependents on H-4 visas submitted applications for TPS. Twenty-four exchange visitors on J-1 visas and 22 of their dependents on J-2 visas also applied.

USCIS reported an additional 188 Nepalis with other visa statuses who applied for TPS. Forty-three parolees and 8,994 undocumented or status-unknown individuals applied for the designation. Seven Nepalis with completed asylum interviews who were awaiting decisions also applied for TPS.

As of now, approximately 7,505 Nepalis remain under TPS in the U.S. Many others have adjusted their status to obtain green cards, returned to Nepal, passed away, or voluntarily left TPS.

In 2018, the Trump administration sought to terminate TPS for immigrants from El Salvador, Haiti, Nicaragua, Sudan, Nepal, and Honduras. However, these efforts were blocked due to legal challenges. A lawsuit filed by TPS holders in 2017 and 2018 successfully delayed the termination of TPS for nearly six years.

In 2018, a federal court issued a preliminary injunction, maintaining TPS protections for affected individuals. However, in 2023, the Ninth Circuit Court of Appeals overturned this injunction.

Representing Nepal in the legal case were lead plaintiffs Keshav Bhattarai and Sajjan Pandey. In June 2023, the Biden administration reversed Trump’s decision to end TPS, extending protections for approximately 300,000 individuals from Nepal, El Salvador, Honduras, and Nicaragua. Around the same time, TPS designations for Haiti and Sudan were also reinstated.

On December 28, 2023, a federal court dismissed the Ramos case, ruling that it was no longer relevant after the Biden administration fulfilled the plaintiffs’ demands by extending TPS deadlines.

In 2023, the Biden administration announced an 18-month extension of TPS for Nepalis until June 24, 2025, reversing the previous administration’s plans to terminate the program. The Department of Homeland Security had earlier automatically extended TPS documents until June 30, 2024, though this did not affect the TPS period itself.

The U.S. granted TPS to Nepalis following the devastating earthquake in Nepal on April 25, 2015, which killed over 8,000 people and destroyed more than half a million homes. Nepalis who had been living in the U.S. without green cards since June 24, 2015, were eligible for the designation. On June 24, 2015, citing a substantial but temporary disruption in living conditions caused by the earthquake, then-DHS Secretary Jeh Johnson designated Nepal for TPS for an 18-month period.