The Department of Homeland Security (DHS) announced that because the conditions in El Salvador  no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on March 9, 2018, will terminate on September 9, 2019.  This conclusion is at odds with the State Department travel advisory, which says that travelers should reconsider travel to El Salvador due to violent crime (murder, assault, rape, armed robbery, gang activity, etc.).  The travel advisory can be found here.

Continue Reading Temporary Protected Status for El Salvador to End

The Department of Homeland Security (DHS) announced today that because the conditions in El Salvador no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on March 9, 2018, will terminate in 18 months.  TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final 18 months of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.

USCIS will issue a notice in the Federal Register with the exact dates for re-registration and employment authorization document (EAD) renewal.  We expect that EADs set to expire on March 9, 2018, will be automatically extended for 6 months.  We will update this entry as soon as the Federal Register notice is released.

DHS announced that it is extending Temporary Protected Status (TPS) for nationals of Honduras who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve.  The new extension allows qualifying individuals from Honduras to re-register for TPS by  February 3, 2018.  Employment authorization documents held by qualifying individuals who timely re-register are automatically extended through July 5, 2018 (the USCIS web page indicates July 4, but the Federal Register notices indicates July 5). Employers can rely on the Federal Register notice for I-9 employment verification and re-verification purposes, which can be found here.

TPS typically is extended in 18-month increments, but the Secretary has the discretion to extend TPS for shorter periods.  Because the Secretary did not make a determination on Honduras’ designation by the statutory deadline (November 6, 2017), the extension was automatically extended for 6 months.  While DHS can still extend TPS further for Hondurans, it seems unlikely since DHS is ending TPS for other countries.  If TPS for Hondurans is not extended further, those unable to acquire another legal status will need to prepare to depart the United States by July 5, 2018.

The Department of Homeland Security (DHS) announced that because the conditions in Nicaragua no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on January 5, 2018, will now terminate on January 5, 2019.  TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final year of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.

Nationals of Nicaragua holding TPS status have until February 13, 2018, to re-register to extend their status through the designation end date of January 5, 2019.   Employment authorization documents held by qualifying individuals already set to expire on January 5, 2018, are automatically extended through March 6, 2018, providing applicants time to apply for new employment authorization documents valid through the termination date. Employers can rely on the Federal Register notice for I-9 employment verification and re-verification purposes, which can be found here.

The Department of Homeland Security (DHS) announced that because the conditions in Sudan no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on November 2, 2017, will terminate on November 2, 2018.  TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final year of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.

Nationals of Sudan holding TPS status have until December 11, 2017, to re-register to extend their status through the designation end date of November 2, 2018.   Employment authorization documents held by qualifying individuals already set to expire on November 2, 2017, are automatically extended through May 1, 2018. Employers can rely on the DHS announcement for I-9 employment verification and re-verification purposes.

DHS announced that it is extending Temporary Protected Status (TPS) for nationals of South Sudan who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve.  The new extension allows qualifying individuals from South Sudan to reapply for TPS and work authorization that will be valid until May 2, 2019. The re-registration period ends on November 20, 2017. Employment authorization documents held by qualifying individuals are automatically extended through May 1, 2018. Employers can rely on the DHS announcement for I-9 employment verification and re-verification purposes.  Please note that this does NOT apply to nationals of Sudan.

 Click here for additional information.

Despite earlier hints that the “Dreamers” – undocumented youth who were brought to the United States illegally or lost their status while they were underage – might be allowed to retain their work permits and reprieve from deportation, Attorney General Sessions announced today that the Obama-era Deferred Action for Childhood Arrivals (DACA) program will end on March 5, 2018.  The six-month lag time is intended to allow Congress to codify DACA-like provisions into law.

Continue Reading DACA Dreamers on Life Support

The Department of Homeland Security (DHS) has announced that it is extending Temporary Protected Status (TPS) designation for Haiti through January 22, 2018 – a much shorter period than the normal 18-month extension. This announcement allows qualifying individuals to reapply for TPS and work authorization during a 60-day period starting May 24, 2017. If TPS designation for Haiti is allowed to expire in January 2018, as DHS warns may happen, the nearly 60,000 persons enrolled in the program will be forced to return to Haiti, change to another status if eligible, or remain in the United States unlawfully.

TPS allows qualifying persons inside the United States to remain temporarily until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations. Haiti’s initial TPS designation was granted within days of the devastating earthquake the country experienced in January 2010. [1] It was unclear whether the latest extension would happen at all, despite pleas by Haitian government officials, bipartisan members of Congress and others that an 18-month extension was the minimum time needed to plan for the safe and orderly return of citizens to Haiti. Advocates for a longer extension argued that Haiti continues to struggle to rebuild its infrastructure and economy after the 2010 earthquake and subsequent natural disasters, and that the relocation of such a large number of individuals will further erode economic and living conditions in Haiti.

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Individuals in TPS are only allowed to remain in the United States until DHS decides the temporary designation is no longer warranted. However, persons in TPS are permitted to change to another temporary status or seek permanent residence if they meet the relevant eligibility requirements. Citizens of Haiti who are in TPS should begin to plan for a return to Haiti in the event their TPS ends in 2018, or speak with an immigration attorney to determine if they qualify for a change to nonimmigrant status or obtain permanent residence.

Haitian TPS employment authorization documents that expire on July 22, 2017 are automatically extended through January 22, 2018, but only if applicants have timely filed to extend their TPS and employment authorization during the 60 day re-registration period. As explained in the Federal Register, employers are required to inspect several documents in order to complete or update their Form I-9 based on the automatic extension.

It is anticipated that DHS Secretary John F. Kelly will decide in late 2017 whether further extensions of TPS for Haiti are warranted. Hunton & Williams attorneys will continue to share information about this issue, in addition to monitoring the TPS for the nine other designated countries, many of which are up for review in late 2017 and early 2018.


Footnote:
[1] A team of Hunton & Williams lawyers, including Suzan Kern, were instrumental in obtaining TPS benefits for Haitian citizens in the United States immediately following the 2010 earthquake.

President Trump signed today the long-awaited revised travel ban Executive Order entitled, “Protecting The Nation From Foreign Terrorist Entry Into The United States”, effective 12:01 a.m, Eastern Standard Time on March 16, 2017.  The list of affected countries includes Sudan, Syria, Iran, Libya, Somalia, and Yemen; Iraq was removed from the list.  Key provisions are as follows:
Continue Reading Trump Signs New Travel Ban Executive Order

The Ninth Circuit has just issued a unanimous opinion upholding the Temporary Restraining Order against the Trump Administration’s Executive Order known as the “Travel Ban.” The 3-judge panel unanimously recognized that without the TRO, the states of Minnesota and Washington were likely to be harmed as parens patriae (i.e., legal protector) for their citizens, and also by damage inflicted on “operations and missions of their public universities and other institutions of higher learning,” and their “operations, tax bases, and public funds.”

Continue Reading Ninth Circuit Unanimously Rejects Reinstatement of Travel Ban