The Department of Homeland Security announced on February 13, 2026, the termination of Temporary Protected Status (TPS) for Yemen, marking a significant policy shift for Yemeni nationals currently residing in the United States under this designation. The termination becomes effective 60 days following publication in the Federal Register.
Background on Yemen TPS Designation
Yemen was originally designated for Temporary Protected Status on September 3, 2015, following a determination that ongoing armed conflict in the country posed serious threats to the personal safety of returning nationals. The designation has been extended or redesignated multiple times since the initial determination, including extensions in 2017, 2018, 2020, 2021, 2023, and 2024.
According to the Immigration and Nationality Act, TPS may be designated when a country experiences temporary conditions that prevent nationals from safely returning, including ongoing armed conflict, environmental disasters, or extraordinary temporary conditions.
Current Policy Changes
Secretary of Homeland Security Kristi Noem announced the termination following a review of country conditions and consultation with relevant U.S. government agencies. The determination concluded that Yemen no longer meets the statutory requirements for TPS designation under current immigration law.
“After reviewing conditions in the country and consulting with appropriate U.S. government agencies, I determined that Yemen no longer meets the law’s requirements to be designated for Temporary Protected Status,” Secretary Noem stated in the official announcement.
Timeline and Compliance Requirements
TPS Yemen beneficiaries face a 60-day window from the Federal Register publication date to address their immigration status. Individuals without alternative lawful status must prepare for departure from the United States within this timeframe.
The Department of Homeland Security has indicated that following the termination effective date, Yemeni nationals without lawful status may face arrest and removal proceedings. Individuals subject to removal proceedings who do not depart voluntarily may face permanent inadmissibility to the United States.
Departure Procedures
U.S. Customs and Border Protection has made the CBP One mobile application available for individuals reporting their departure from the United States. The administration has indicated that voluntary departure through this system may include certain benefits and preserve potential future immigration opportunities.
DHS encourages affected individuals to utilize available departure procedures rather than remaining in the United States without authorization, which could result in enforcement action and long-term immigration consequences.
Options for Yemen TPS Holders
Yemeni nationals currently holding TPS should immediately consult with qualified immigration counsel to evaluate their circumstances. Potential alternatives may include:
Employment-Based Immigration: Individuals with qualifying employment relationships may pursue H-1B, L-1, or other work-based visa categories, or employer-sponsored permanent residence applications where eligibility requirements are met.
Family-Based Immigration: Those with qualifying family relationships to U.S. citizens or lawful permanent residents should explore family-based visa petitions or adjustment of status applications.
Asylum or Withholding of Removal: Individuals who fear return to Yemen based on persecution or torture may be eligible for asylum, withholding of removal, or protection under the Convention Against Torture, subject to applicable bars and deadlines.
Other Nonimmigrant Status: Depending on individual circumstances, some beneficiaries may qualify for student visas, exchange visitor programs, or other temporary status categories.
Critical Considerations
The 60-day timeframe following Federal Register publication requires immediate action. TPS beneficiaries should understand that:
- TPS does not provide a direct pathway to permanent residence
- Maintaining lawful status requires filing appropriate applications before current TPS authorization expires
- Failure to depart or obtain alternative status may result in accrual of unlawful presence
- Unlawful presence can trigger bars to future admissibility under INA §212(a)(9)
Employer Obligations
Employers currently sponsoring Yemen TPS beneficiaries should review their workforce and consider whether employment-based sponsorship options are available for valued employees. The termination creates urgency for employers who wish to retain Yemeni national employees beyond the 60-day departure window.
Employers should be aware that work authorization for TPS Yemen beneficiaries will terminate on the effective date specified in the Federal Register notice. Continued employment beyond that date without valid work authorization could expose employers to I-9 compliance issues and potential penalties.
Legal Guidance Recommended
The Yemen TPS termination represents a significant change affecting thousands of Yemeni nationals and their families. Given the limited timeframe and serious consequences of non-compliance, affected individuals should seek immediate consultation with experienced immigration counsel.
An immigration attorney can provide personalized assessment of eligibility for alternative immigration benefits, evaluate timing considerations for various applications, and develop a comprehensive strategy to maintain lawful status or prepare for compliant departure.
