Temporary Protected Status (TPS) has long provided a vital legal stay and work authorization for eligible nationals of countries experiencing ongoing conflict or natural disasters. For Ethiopians, TPS was originally set to terminate on January 1, 2024, following the Department of Homeland Security’s decision. However, a recent federal court ruling has delayed this termination, effectively extending benefits for TPS holders.

Attorney Insight
Before this ruling, Ethiopians under TPS faced an imminent loss of work authorization and risk of removal starting 2024. This created uncertainty around employment, ability to travel, and potential pathways to permanent residence. From our experience representing clients in TPS cases, such abrupt termination often leads to rushed filings for adjustment of status or seeking alternative visas, which can be costly and prone to errors.

The judge’s delay changes the landscape: TPS holders now retain their status and work permits for the foreseeable future, providing a valuable window to explore options such as family-based petitions or employment-based green cards. This is especially relevant for clients with U.S. employers willing to sponsor them under H-1B or EB-1 categories, or those eligible for adjustment under INA §245.

We have seen cases where premature termination caused clients to lose work authorization before preparing sufficient evidence for I-485 adjustment filings, resulting in denials or RFEs. The current extension allows more deliberate preparation, including securing employer letters, updated financials, or proof of continuous residence. For instance, last month a TPS client working as a tech manager was able to finalize his EB-1A petition and file I-485 without the pressure of imminent TPS expiration.

From a procedural standpoint, TPS holders should immediately verify their Employment Authorization Document (EAD) validity via Form I-797 notices and USCIS online accounts. We advise notifying HR departments to continue employment under TPS status and avoid gaps. Additionally, if eligible, clients should start gathering evidence for family or employer-based petitions, including birth certificates, proof of physical presence, and letters demonstrating extraordinary ability or managerial roles (for EB-1C).

Attorney Insight
The key CFR provision here is 8 CFR 244.14, governing TPS termination and extension. The court’s ruling effectively suspends termination under this regulation for Ethiopians, but clients must stay alert to any future DHS actions or appeals. We recommend subscribing to official USCIS updates and consulting legal counsel quarterly to reassess options.

In summary, while the TPS termination delay brings relief, it is not permanent. TPS holders benefit from this breathing room to strengthen their immigration cases, avoid lapses in employment authorization, and strategically pursue permanent residence. We encourage all Ethiopian TPS clients to review their current status documents today, coordinate with employers on continued work authorization, and begin compiling evidence for green card petitions. The window to act is open—seizing it proactively will reduce risks and position clients for success.