Nepal’s Temporary Protected Status (TPS) designation is set to terminate on August 5, 2025, at 11:59 PM. Nepali nationals currently holding TPS must take immediate action to secure alternative immigration status or face removal proceedings. This guide outlines the primary pathways for changing status to nonimmigrant visas, immigrant visas, or asylum protection.
Background: Nepal TPS Termination:
The Department of Homeland Security (DHS) has officially terminated TPS for Nepal, effective August 5, 2025. This decision follows a comprehensive review concluding that conditions in Nepal have stabilized sufficiently since the 2015 earthquake that originally triggered the TPS designation.
Key Dates:
- Current TPS Expiration: August 5, 2025 at 11:59 PM
- Work Authorization End: Same date as TPS termination
- Filing Deadline: Applications must be submitted well before the termination date to ensure processing
Option 1: Change to Nonimmigrant Status:
Form I-539: Application to Extend/Change Nonimmigrant Status
Eligible Nonimmigrant Categories:
- Student Status (F-1/M-1): Must have acceptance from a SEVP-certified school
- Tourist/Business Visitor (B-1/B-2): For temporary visit
- Religious Worker (R-1): For qualifying religious positions
- Specialty Occupation Worker (H-1B): Requires employer sponsorship and available quota
- Intracompany Transferee (L-1): For employees of multinational companies
Filing Requirements for I-539:
Essential Documents:
- Form I-539 with current edition date (02/27/25 as of May 2025)
- Filing fee (check current USCIS fee schedule)
- Evidence of eligibility for requested status
- Proof of maintained lawful status
- Supporting documentation specific to the visa category
Critical Considerations:
- File before August 5, 2025, while TPS remains valid
- Demonstrate intent to maintain temporary status (except for dual intent visas)
- Show financial support for the requested period
- Provide evidence of ties to home country for temporary statuses
Processing Times and Strategy:
- Current processing times vary by service center (typically 6-12 months)
- Consider premium processing where available
- File as early as possible to avoid last-minute complications
Option 2: Adjustment to Permanent Resident Status:
Form I-485: Application to Adjust Status to Permanent Resident:
Eligibility Requirements:
- Must have an approved immigrant petition (I-130, I-140, etc.)
- Priority date must be current
- Must be eligible to adjust status in the United States
Common Pathways:
- Family-Based: Through U.S. citizen or permanent resident family members
- Employment-Based: Through employer sponsorship
- Diversity Visa: If selected in the lottery
- Special Immigrant Categories: Including religious workers, certain international organization employees
Filing Process (Required Forms and Documents)
- Form I-485 with supporting evidence
- Medical examination (Form I-693)
- Affidavit of Support (Form I-864) if required
- Employment authorization and travel document applications (if desired)
- Biometrics appointment attendance
Timing Considerations:
- Must file before TPS expires on August 5, 2025
- Adjustment applications can provide protection from removal during processing
- Consider concurrent filing if immigrant petition is not yet approved
Option 3: Asylum Application:
Form I-589: Application for Asylum and for Withholding of Removal
Critical Advantage for TPS Holders:
TPS “stops the clock” on the one-year filing deadline for asylum applications. This means if you had less than one year remaining when you obtained TPS, you may still be eligible to file for asylum.
Eligibility Requirements:
- Must demonstrate persecution or well-founded fear of persecution
- Persecution must be based on:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
- Must file within one year of arrival (subject to exceptions and TPS clock-stopping)
Filing Process (Required Forms and Documents)
- Form I-589 (current edition 02/27/25)
- Detailed personal statement
- Country condition evidence
- Supporting documentation of persecution or fear
- Witness statements if available
- Medical/psychological reports if relevant
Strategic Considerations:
- No filing fee required for initial asylum application
- Can include spouse and unmarried children under 21
- Provides path to permanent residence after one year if granted
- Work authorization available 150 days after filing (with additional requirements)
Option 4: Other Protection Options:
Withholding of Removal:
- Higher standard of proof than asylum
- Available even if one-year deadline has passed
- Does not lead to permanent residence
Convention Against Torture (CAT) Protection:
- Protection from torture by government or with government acquiescence
- No deadline for filing
- Does not provide path to permanent residence
Deferred Action
- Prosecutorial discretion option
- Temporary relief from removal
- Case-by-case determination
Critical Filing Deadlines and Timeline:
Recommended Action Timeline:
Immediate (By July 1, 2025):
- Consult with qualified immigration attorney
- Gather all necessary documentation
- Determine best pathway based on individual circumstances
- Begin preparation of applications
By July 15, 2025:
- Complete and review all application forms
- Obtain required supporting documents
- Schedule medical examinations if needed for I-485
- Prepare filing fees
By July 31, 2025:
- Submit all applications to USCIS
- Obtain receipt notices
- Follow up on any filing issues
August 5, 2025:
- TPS designation terminates
- Must have alternative status or pending application
Important Legal Considerations:
Maintaining Status During Transition:
- File applications before TPS expires
- Pending applications may provide protection from removal
- Avoid travel outside the U.S. without proper authorization
- Continue to renew work authorization if eligible
Documentation Requirements:
- Maintain copies of all filed documents
- Keep receipt notices for all applications
- Document any changes in circumstances
- Preserve evidence of continuous residence and presence
Professional Legal Assistance:
Given the complexity and high stakes involved, seeking qualified legal representation is strongly recommended. An experienced immigration attorney can:
- Evaluate eligibility for different options
- Prepare strong applications
- Navigate procedural requirements
- Represent you in proceedings if necessary
Common Pitfalls to Avoid:
- Waiting Until the Last Minute: Applications take time to prepare properly
- Filing Incomplete Applications: Missing documents can cause delays or denials
- Choosing Wrong Strategy: Each option has different requirements and benefits
- Failing to Maintain Status: Avoid actions that could jeopardize pending applications
- Not Seeking Legal Help: Immigration law is complex and consequences are severe
Resources and Next Steps:
Government Resources:
- USCIS official website (uscis.gov)
- Form instructions and current fee schedules
- Processing time information
- Legal services directory
Preparation Checklist:
- Identify best pathway for your situation
- Gather all required documentation
- Complete application forms accurately
- Calculate filing fees
- Schedule medical exam if needed
- Consult with immigration attorney
- File applications before deadline
Conclusion:
The termination of Nepal TPS on August 5, 2025, creates an urgent situation requiring immediate action. While multiple pathways exist for obtaining alternative immigration status, each has specific requirements, deadlines, and procedures that must be carefully followed.
The key to success is acting quickly, preparing thoroughly, and seeking professional guidance when needed. Failure to secure alternative status before the August 5 deadline could result in removal proceedings and loss of the ability to remain lawfully in the United States.
Remember: This guide provides general information only. Immigration law is complex and individual circumstances vary significantly. Always consult with a qualified immigration attorney for advice specific to your situation.
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Keshab Raj Seadie, Esq.
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.
