Temporary Protected Status reminder for employers

11 Oct 19

UNITED STATES

Employers are reminded that employment authorization documents (EAD) issued by U.S. Citizenship and Immigration Services related to temporary protected status (TPS) for several nationalities have been extended automatically and remain valid through Jan. 2, 2020.

EADs of Nationals of El Salvador, Haiti, Nicaragua and Sudan with category code A-12 or C-19 and expiration dates in the following chart remain valid until Jan. 2, 2020.

2017 2018 2019
July 22, 2017 Jan. 5, 2018 Jan. 5, 2019
Nov. 2, 2017 Jan. 22, 2018 Apr. 2, 2019
  Mar. 9, 2018 July 22, 2019

Background: The Department of Homeland Security has moved to end TPS for the four countries. On Oct. 3, 2018, a court ordered DHS to maintain the TPS program while litigation challenging the administration’s decision to terminate it progresses in court. In response, DHS has automatically extended employment authorization documents while it appeals the court-ordered injunction.

The Ninth Circuit U.S. Court of Appeals heard oral arguments on the government’s appeal in August and could rule at any time.

To comply with the injunction, DHS also automatically extended EADs for Honduras and Nepal TPS holders as well.

BAL Analysis: Employers should be aware of the automatic extensions of EADs for affected nationals who are current employees and should refer to instructions in the Federal Register and the government’s TPS page for information related to Form I-9 employment authorization eligibility requirements.  

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@balglobal.com.

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