4/27/2018 The Us Department of Homeland Security (DHS) has announced that Temporary Protected Status (TPS) for Nepal will be ending on June 24, 2019.
According to the DHS "The decision to terminate TPS for Nepal was made after a review of the environmental disaster-related conditions upon which the country’s original designation was based and an assessment of whether those originating conditions continue to exist as required by statute. Based on careful consideration of available information, including recommendations received as part of an inter-agency consultation process, the Secretary determined that the disruption of living conditions in Nepal from the April 2015 earthquake and subsequent aftershocks that served as the basis for its TPS designation have decreased to a degree that they should no longer be regarded as substantial, and Nepal can now adequately manage the return of its nationals."
I visited Nepal in November 2015 and the earthquake devastation was horrific. It is impossible to believe that conditions are anywhere close to normal now.
Nepal is the fifth country whose citizens have lost Temporary Protected Status since President Trump took office, meaning about 250,000 immigrants have been told they must leave the country next year, seek an alternative immigration status, or face deportation.
The humanitarian program has given refuge to about 9,000 people from Nepal since June 2015. A devastating 7.8 magnitude earthquake near the country’s capital killed thousands and triggered a deadly avalanche on Mount Everest.
The original TPS grant was the subject of this blog post.
USCIS has announced that it conducted the H-1B lottery on April 11, 2018. USCIS received just over 190,000 H-1B petitions this year, exceeding the the statutory cap of 65,000 and the master’s cap of 20,000, as expected. The number of application is down from last year, however, when 199,000 H-1Bs were filed.
USCIS uses a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019. USCIS conducted the lottery for the master’s cap first. All unselected master’s cap petitions then became part of the random selection process for the 65,000 cap.
USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing. USCIS will send receipt notices to petitioners and their counsel for those cases selected in the lottery. Those mailings should begin right away but can take some weeks to complete.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted towards the FY 2019 H-1B cap. USCIS will continue to accept and process petitions filed to:
Elaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country.