Deferred Enforced Departure and Temporary Protected Status for Lebanese Nationals

Through Executive Order, President Biden has announced both Deferred Enforced Departure (DED) and Temporary Protected Status (TPS) for Lebanese nationals. These designations have two different time periods for qualification yet provide similar benefits.

Deferred Enforced Departure

Allows Lebanese nationals who were present in the United States on July 26, 2024, to work and remain in the United States through January 25, 2026. DED will prevent removal (deportation) of Lebanese nationals who secure DED and employment authorization when an Employment Authorization Document (EAD) is applied for and issued by United States Citizenship and Immigration Services (USCIS).

To qualify for an EAD based upon this designation, one must:

• Be a Lebanese national
• Be physically present in the United States on July 26, 2024
• Have continuously resided in the United States since July 26, 2024

Advance Parole (AP) can also be applied for, that will allow travel outside the United States. However, if one travels to Lebanon on AP, the DED can be terminated.

DED will not be issued if:

• They have voluntarily returned to Lebanon after July 26, 2024;
• They have not continuously resided in the United States since July 26, 2024;
• They are inadmissible under section 212(a)(3) of 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));
• They have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet any of the criteria in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
• They are subject to extradition;
• Their 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; or
• Their 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.

Temporary Protected Status

Allows Lebanese nationals and qualifying family members who have continuously resided in the United States since October 16, 2024, to apply for TPS and an EAD. TPS can prevent removal from the United States for an 18 month period of TPS designation. It can be applied for while holding other nonimmigrant status and both an Employment Authorization Document and Advance Parole can be applied for. The application for TPS will open in a few weeks once the guidance is published in the Federal Register. Similarly to DED, convictions for certain crimes and national security concerns can prevent approval.

If you believe you may qualify and would like further information, please contact Fredrikson & Byron’s Immigration Group.