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On 20 May 2022, the United States (US) Department of Homeland Security (DHS) published a notice in the Federal Register outlining how Afghan nationals (or individuals having no nationality who last habitually resided in Afghanistan) can apply for Temporary Protected Status (TPS). The 18-month TPS designation period became effective as of 20 May and will continue through 20 November 2023. During this period, eligible beneficiaries may submit an initial registration application for TPS and apply for an employment authorization document (EAD).
In a concurrently published Federal Register notice, DHS announced that F-1 Afghan students in the US who are experiencing severe economic hardship as a direct result of the situation in Afghanistan will not be subject to certain limitations on employment. The Special Student Relief (SSR) provisions will also be available through 20 November 2023.
A Tax Alert prepared by EY Law LLP, and attached below, provides additional details.