New Protections

Special Protection for Lebanese citizens in the U.S.: TPS, DED, F-1

On October 17, 2024, the Department of Homeland Security (DHS) has designated Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) for Lebanese nationals currently in the United States. These programs will provide temporary relief from deportation and allow eligible individuals to work legally while Lebanon is going through crises, with details related to the new TPS and DED designations highlighting the eligibility criteria and benefits for those affected by the ongoing humanitarian crisis in Lebanon.

Why TPS and DED for Lebanese Nationals?

Lebanon is going through tough times due to an ongoing armed conflict and political instability, making it unsafe for many citizens to go back. DHS has responded to this humanitarian crisis by designating Lebanon for TPS for 18 months. DED was also granted to Lebanese nationals through an executive order by President Biden, until January 25, 2026.

What is Temporary Protected Status (TPS)?

TPS is a temporary immigration benefit for nationals of designated countries going through extraordinary circumstances. Eligible Lebanese nationals, who have been continuously residing in the U.S. since a specified date, can apply for these protections. Under TPS, beneficiaries:

  • Are protected from deportation during the TPS designation period.
  • Can apply for work authorization (Employment Authorization Document or EAD).
  • Can apply for travel authorization to leave and re-enter the U.S.

What is Deferred Enforced Departure (DED)?

DED is similar to TPS but is granted by executive order rather than statute.

  • DED can be terminated by the President at any time.
  • Lebanese nationals under DED can apply for work authorization but don’t need to file a DED application.
  • DED for Lebanese nationals is currently set to expire on January 25, 2026 unless extended.

Main Components of Protection

These will give Lebanese nationals a break from removal, TPS and employment authorization, and the ability to work legally in the U.S. while Lebanon is going through conflict and severe humanitarian crisis. Here’s what’s available:

1. Temporary Protected Status (TPS) for Lebanon

Duration and Reason for TPS: DHS, under Secretary Mayorkas, has designated Lebanon for TPS for 18 months due to the war and temporary conditions that make it not safe for Lebanese nationals to go back.

Eligibility:

  • Lebanese nationals (or those without nationality who last habitually resided in Lebanon) who have been physically present in the U.S. since October 16, 2024 are eligible to apply for TPS. This means that Lebanese nationals who have been physically present in the U.S. since this date can apply for TPS.
  • Lebanese nationals who arrived in the U.S. after October 16, 2024 are not eligible.

Application Information: A Federal Register Notice will be published soon with the application process for TPS, including employment authorization. Until then, do not submit applications for TPS under this designation.

2. Deferred Enforced Departure (DED) for Lebanese Nationals

  • Background of DED Designation: In July 2024, President Biden granted DED for Lebanese nationals, which allows eligible individuals to stay in the U.S. temporarily and apply for work authorization.
  • Employment Authorization: Lebanese nationals under DED can apply for an Employment Authorization Document (EAD) until January 25, 2026 by filing Form I-765 (Application for Employment Authorization). Each application will be reviewed individually by U.S. Citizenship and Immigration Services (USCIS) to determine eligibility. Eligible individuals must request employment authorization as part of this process and await official guidelines before applying.
  • How to Apply: More information on DED-based EAD applications can be found on the USCIS website including documentation and process steps.

Special Support for Lebanese F-1 Students: Special Student Relief (SSR)

For F-1 nonimmigrant students from Lebanon, DHS is offering Special Student Relief (SSR) through a special student relief notice. This will allow eligible students to:

  • Employment Authorization: Work more hours than usual while maintaining F-1 student status.
  • Increased Work Hours and Reduced Course Load: Work more hours while school is in session and reduce academic course load.
  • F-1 Status Flexibility: Lebanese students will be able to maintain F-1 status with these modifications throughout the DED designation period which is until January 25, 2026.

Eligibility for SSR

  • This SSR is for Lebanese nationals or those without nationality who last habitually resided in Lebanon and are currently in F-1 student visa program.
  • Students should check the DHS website for more information on eligibility and process.

Affected Populations

Through these measures, DHS estimates:

  • DED and TPS Eligibility: 11,000 Lebanese nationals will be eligible for DED or TPS, a temporary safe haven from removal.
  • F-1 Student Relief: 1,740 Lebanese F-1 students will be eligible for SSR, so they can continue to study with more flexibility and financial options.

Upcoming Dates and Next Steps

  • Federal Register Notices: DHS will publish notices on the application process for TPS and DED and SSR in the coming weeks.
  • Application Preparation: Lebanese nationals who want to apply for TPS or DED-based work authorization should check eligibility on the USCIS website and wait for the notice before submitting application.

How to Apply for Work Authorization

Lebanese nationals under TPS and DED can apply for employment authorization documents (EAD) to work in the U.S.

  • For TPS Applicants: File Form I-821 (Application for TPS) and Form I-765 (Application for Employment Authorization). See Federal Register Notice.
  • For DED Applicants: File Form I-765 with code “A11” in question 27. EAD will be valid until January 25, 2026.

Application Fees and Fee Waivers

TPS and DED application fees are:

  • Form I-821 (TPS): $50 (new applicants) + $30 biometrics fee.
  • Form I-765 (TPS EAD): $470 (online) or $520 (paper).
  • Form I-765 (DED EAD): $520 (no fee waiver available for DED applications).
  • Form I-131 (Travel Authorization): $630.

Fee Waiver: Applicants who cannot pay the fees can submit Form I-912 with their application, but not for DED-based Form I-765 applications.

What Happens After TPS or DED Expires?

Once TPS or DED status expires, individuals who do not get another status will start accruing unlawful presence in the U.S. But as long as they are under TPS or DED protection, they will not accrue unlawful presence.

TPS and DED are relief, but they are not a path to permanent residency or citizenship. Beneficiaries should consult with an immigration attorney or accredited representative to explore long term options.

Advice For Lebanese Nationals

  • Act Fast: Lebanese nationals should start preparing for the application process when the Federal Register Notice is published.
  • Get Documents: Collect the necessary documents to prove eligibility, such as proof of continuous residence in the U.S. and ID.
  • Seek Legal Advice: Since TPS and DED are not a path to permanent status, consult with an immigration attorney to explore other options.

Thousands of Lebanese nationals will be able to stay safely in the U.S. while Lebanon is unstable. DHS’s announcement is a lifeline, providing work and relief for those affected by the crisis.

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