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Temporary Protected Status (TPS) Update

UPDATE:  On November 4, 2019, the Department of Homeland Security announced the extension of Temporary Protected Status (TPS) for certain individuals from Sudan, Nicaragua, Haiti, El Salvador, Nepal and Honduras.   The notice automatically extends the validity of Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record (collectively, TPS-related documentation) to January 4, 2021.  As additional details become available, we will provide regular updates.



UPDATE:  On Monday, October 28, 2019, the U.S. and El Salvador signed a bilateral agreement allowing employment authorization for El Salvador TPS individuals to continue through January 4, 2021.  In addition, USCIS has extended TPS designation for Syria through March 31, 2021.



As an update to previously announced terminations for Temporary Protected Status (TPS) for certain individuals from Sudan, Nicaragua, Haiti, El Salvador, Nepal and Honduras, these TPS terminations status are currently on hold until further notice.  Subsequent to such TPS termination announcements, various courts have enjoined the U.S. Department of Homeland Security (DHS) from implementing and enforcing such terminations.  USCIS has published the most recent summary on its website as well.  As background, individuals granted TPS may lawfully remain in the U.S. and apply for an Employment Authorization Document (EAD).  The Secretary of Homeland Security is authorized to designate (or remove) a foreign country for TPS due to conditions in the country that temporarily prevent individuals from such country to return safely.  Employers should carefully note the expiry listed on any EADs used for employment and should continue to follow I-9 re-verification procedures as the EADs expire.  If employees are unable to provide documentation of work authorization at the time of re-verification, action regarding the individual’s employment may need to be taken.  Notably, in some cases, DHS must issue a blanket automatic extension of expiring EADs for TPS beneficiaries of a specific country to allow time for EADs with new validity dates to be issued. In such cases, USCIS will indicate same once the Federal Register is published.

Of course, as additional details become available regarding the above, we will provide regular updates.