On December 9, 2020, the Department of Homeland Security announced that they would be extending the status and work authorization for TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan until October 4, 2021. TPS, or Temporary Protected Status, allows individuals from certain countries to reside and work in the U.S. without fear of deportation. Countries whose citizens receive TPS protection are usually nations with dangerous conditions arising from a crisis of health, natural disaster, or political instability.
Nearly half a million residents in the U.S. are here as a result of TPS, and many of them have put down roots: buying homes, starting families, building businesses. The Trump Administration has been trying to dismantle TPS since 2017, but they’ve faced continuous challenges from the courts. The DHS has been forced to extend TPS and work authorization as a result of these legal challenges.
As of December 9, 2020, work authorization for beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan will be extended automatically if:
- The individual’s current EAD was issued with an A-12 or C-19 category code
...And carries an expiration date of:
- July 22 or November 2, 2017
- January 5, January 22, March 9 June 24, July 5, or November 2, 2018
- January 5, April 2, June 24, July 22, or September 9, 2019
- January 2, January 5, or March 24, 2020
- January 4, 2021
Forms I-94 and I-797 also will be automatically extended until October 4, 2021, if the beneficiaries properly filed for re-registration during one of the DHS-announced re-registration periods.
Extending work authorization for current employees based upon this automatic extension does not require Form I-9, Section 3 reverification. Instead, the employer should update the Section 2 Additional Field noting EAD EXT, October 4, 2021 (and then initial and date the correction). In this situation, reverification would not be required until October 5, 2021.
Because President-elect Joe Biden has promised to review TPS protections for all the constituent countries, this DHS decision comes at a favorable time for any current beneficiaries.
If you or a relative have any question about TPS or any other immigration matter, speak with us at (800) 909-8129 today for a confidential consultation.