The Department of Homeland Security (DHS) announced Lebanon’s designation for Temporary Protected Status (TPS) for a period of 18 months, and also established procedures for eligible Lebanese nationals granted deferred forced departure to obtain employment authorization documents ( EADs).

DHS published a notice in the Federal Register on November 26, 2024, formally designating Lebanon as a TPS. The initial registration period begins on November 27, 2024. Lebanese citizens who have continuously resided in the United States since October 16, 2024, and have been physically present in the United States continuously since November 27, 2024, may apply for TPS if they otherwise qualify.

Background

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

Deferred Enforced Departure (DED) is an administrative stay of removal ordered by the President of the United States. DED may be permitted in situations where certain groups of non-citizens may be at risk if they have to return to countries, or part of such countries, where political instability, conflict or other unsafe conditions prevail, or when there are other reasons for area of ​​foreign policy to allow a designated group of non-citizens to temporarily reside in the United States.

Although DED has no specific immigration status and does not require eligible citizens to apply to USCIS, individuals subject to DED are not subject to removal from the United States, usually for a specified period of time. In addition, the President may direct the Secretary to grant certain benefits authorized under the immigration laws, such as employment authorization, to DED noncitizens for the specified period.

Lebanon DED

On July 26, 2024, the President determined that, due to significantly deteriorated humanitarian conditions in southern Lebanon, which have endangered Lebanese civilians, it was in the foreign policy of the United States to postpone the operation for 18 months to 25 January 2026. , the removal of certain Lebanese nationals present in the United States and the provision of Employment Authorization Documentation (EAD). As such, the President directed the Secretary of Homeland Security to establish procedures for certain Lebanese nationals covered by the DED to apply for EADs valid through January 25, 2026.

On October 18, DHS/USCIS published the Federal Register Notice determining that these Lebanese DED nationals would be eligible for the DED in Lebanon and for the EAD. These individuals can now file Form I-765 to obtain legal permission to work in the United States.

Non-citizens of the United States of Lebanese nationality who were present in the United States on July 26, 2024 are eligible for DED and EADs, with the exception of those:

• Who voluntarily returned to Lebanon after July 26, 2024
• Who have not lived continuously in the United States since July 26, 2024
• Who are inadmissible under the Immigration and Nationality Act (INA) (8 USC 1182(a)(3)) or subject to deportation under section 237(a)(4) of the INA (8 USC 1227( a)(4))
• Who have been convicted of a crime or two or more crimes committed in the United States, or who meet any of the criteria set forth in section 208(b)(2)(A) of the INA (8 USC 1158(b)(2) )(A))
• Those subject to extradition
• Whose presence in the United States, in the opinion of the Secretary of Homeland Security, is not in the interests of the United States or poses a threat 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 designating Lebanon for TPS was published. 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 at the Israel-Lebanon border.

Lebanese citizens (and noncitizens who had their last habitual residence in Lebanon) who have been continuously residing in the United States since October 16, 2024 are eligible to file initial applications for TPS. Lebanese citizens who first entered the United States after October 16, 2024 will not qualify for TPS.

TPS’s 18-month designation for Lebanon will come into effect on the next publication date Federal Register notification. The Federal Register The notice includes instructions for applying for TPS and an employment authorization document.

DHS estimates that 11,000 Lebanese nationals are likely to qualify for DED and TPS. There are also approximately 1,740 F-1 non-immigrant students from Lebanon in the United States who may qualify for special student aid.

Analysis

• DED is presidentially granted administrative relief that can be reversed when President-elect Trump takes office.
• The expected publication of the Federal Register for the Lebanese TPS is not expected to be affected by the recent presidential elections.
• Lebanese nationals who qualify for TPS may consider applying even if they have valid non-immigrant visa status. TPS applicants are eligible for Advance Parole which, if approved, allows international travel without a non-immigrant visa.
• Traveling with Advance Parole may void the visa status of non-immigrants. TPS beneficiaries are eligible for an EAD and can continue to work in the United States. However, if the TPS expires, these individuals must be re-sponsored for non-immigrant visa status in order to maintain lawful status and work authorization.
• Citizens of Lebanon who have visa status in the United States have had difficulty applying for visas to travel internationally and return to the United States. The U.S. Embassy in Beirut does not currently process routine visa applications, and it may be difficult for Lebanese citizens to obtain visas to visit many third countries where they may be able to apply for a U.S. visa. The latest Department of State visa guidelines for Lebanon can be found here.