Department of Homeland Security Designates Lebanon for TPS and Provides for DED-EAD Application

The Department of Homeland Security (DHS) announced the designation of Lebanon for Temporary Protected Status (TPS) for a period of 18 months, and also established procedures for eligible Lebanese nationals granted Deferred Enforced Departure to apply for Employment Authorization Documents (EADs).

DHS published a Notice in the Federal Register on November 26, 2024 which formally designates Lebanon for TPS. The initial registration period begins on November 27, 2024. Lebanese nationals who have been continuously residing in the United States since October 16, 2024, and continuously physically present in the United States since November 27, 2024, may apply for TPS if otherwise eligible.

Background

DHS may designate a foreign country for Temporary Protected Status (TPS) based on conditions in that country that would make it unsafe for individuals who are nationals of that country to return. This can involve conditions such as warfare or other armed conflicts, natural disasters, or similar extraordinary and temporary conditions. TPS allows nationals of that country who are physically present in the United States prior to the TPS designation date to apply for temporary status and to obtain an Employment Authorization Document (EAD).

Deferred Enforced Departure (DED) is an administrative deferral of removal ordered by the President of the United States. DED may be authorized in situations where certain groups of noncitizens may face danger if required to return to countries, or any part of such countries, experiencing political instability, conflict, or other unsafe conditions, or when there are other foreign policy reasons for allowing a designated group of noncitizens to remain in the United States temporarily.

Although DED does not have a specific immigration status and does not require eligible nationals to file an application with USCIS, individuals covered by DED are not subject to removal from the United States, usually for a designated period. Furthermore, the President may direct the Secretary to provide certain benefits that are authorized under the immigration laws, such as employment authorization, to noncitizens covered by the DED directive during the designated period.

Lebanon DED

On July 26, 2024, the President determined that, due to the significantly deteriorated humanitarian conditions in southern Lebanon that have left Lebanese civilians in danger, it was in the foreign policy interest of the United States to defer for 18 months through January 25, 2026, the removal of certain Lebanese nationals present in the United States and to provide them with employment authorization documentation (EAD). As such, the President directed the Secretary of Homeland Security to establish procedures for certain Lebanese nationals covered by DED to apply for EADs valid through January 25, 2026.

On October 18, DHS/USCIS published the Federal Register Notice providing for Lebanon DED eligibility and EAD eligibility of these DED Lebanese nationals. These individuals may now file Form I-765 to receive legal authorization to work in the United States.

Noncitizens of the United States who are nationals of Lebanon, who were present in the United States on July 26, 2024, are eligible for DED and EADs, except for those:

• Who have voluntarily returned to Lebanon after July 26, 2024
• Who have not continuously resided in the United States since on or before July 26, 2024
• Who are inadmissible under the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4))
• Who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet any of the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A))
• Who are subject to extradition
• Whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety
• Whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States

Lebanon TPS

On October 17, the Secretary of DHS announced that it would also designate a new TPS for Lebanon, and on November 26 the Federal Register notice was published, designating Lebanon for TPS. Those approved for TPS will be able to remain in the United States while the designation is extended due to the instability and security risks across the Israel-Lebanon border.

Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) who have been continuously residing in the United States since October 16, 2024 will be eligible to file initial applications for TPS. Lebanese nationals who first entered the United States after October 16, 2024 will not be eligible for TPS.

The 18-month designation of TPS for Lebanon will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document.

DHS estimates that 11,000 Lebanese nationals will likely be eligible for DED and TPS. There are also approximately 1,740 F-1 nonimmigrant students from Lebanon in the United States who may be eligible for Special Student Relief.

Analysis

• DED is an administrative relief granted by the President which can be reversed when President-Elect Trump takes office.
• The expected Federal Register publication for Lebanese TPS is not expected to be impacted by the recent presidential election.
• Lebanese nationals who are eligible for TPS may consider applying even if they have valid nonimmigrant visa status. TPS applicants are eligible to apply for Advance Parole which, if approved, allows for international travel without a nonimmigrant visa.
• Travel on Advance Parole may negate nonimmigrant visa status. TPS beneficiaries are eligible for an EAD, and could continue to work in the United States. However, if TPS expires, these individuals would need to be sponsored for nonimmigrant visa status once again in order to maintain lawful status and work authorization.
• Citizens of Lebanon who are in the United States in visa status have had difficulty applying for visas in order to travel internationally and return to the United States.The US Embassy in Beirut is not processing routine visa applications at this time, and it can be difficult for Lebanese citizens to obtain visas to visit many third countries where they may be able to apply for a US visa. The Department of State’s most recent visa guidance for Lebanon can be found here.

If you have any questions regarding TPS eligibility, please contact your Mintz Immigration attorney.

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