On October 3, 2018, California U.S. District Judge Edward Chen granted a preliminary injunction in the case of Ramos v. Nielsen, preventing the Department of Homeland Security from terminating Temporary Protected Status for El Salvador (scheduled to end on 9/9/19), Haiti (7/22/19), Nicaragua (1/5/19), and Sudan (11/2/18).  The injunction remains in place until the Court lifts it or the lawsuit ends. Continue Reading California Court Temporarily Enjoins Administration from Ending Temporary Protected Status; Other TPS Lawsuits Proceed

Earlier this year, the Department of Homeland Security (DHS) announced that it will terminate the temporary protected status (TPS) program for nationals of El Salvador on September 9, 2019.  Employment authorization documents (EADs) held by qualifying individuals that expired on March 9, 2018, were automatically extended through September 5, 2018, providing applicants time to apply for new EADs valid through the termination date.

Because the USCIS has been unable to process EAD extension applications in a timely manner, DHS has further extended the expired EADs through March 4, 2019, provided that:

  • The EAD has a marked expiration date of March 9, 2018, and the individual applied for a new EAD after January 18, 2018; or
  • The EAD has a marked expiration date of September 9, 2016, and the individual applied for a new EAD on or after July 8, 2016.

USCIS states that it will mail a Notice of Continued Evidence of Work Authorization to eligible individuals to present to their employers for I-9 verification purposes.  Those who have not received their notices by September 4, 2018, must contact USCIS at (202) 272-8377.  In the interim, nationals of El Salvador can show employers the USCIS web page to continue working lawfully while awaiting their letters.  The web page can be found at this link.

The Department of Homeland Security (DHS) announced that because the conditions in Nepal no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on July 24, 2018, will now terminate on June 24, 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.

Continue Reading DHS Announces Final TPS Re-registration for Nepal

The Department of Homeland Security (DHS) announced that because the conditions in Honduras no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on July 15, 2018, will terminate on January 5, 2020.  This conclusion is at odds with the State Department travel advisory, which says that travelers should reconsider travel to Honduras due to violent crime (murder, assault, rape, armed robbery, gang activity, etc.).  The travel advisory can be found here.

TPS allows qualifying persons inside the United States to remain and work lawfully until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final period of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.

DHS has not yet provided details for nationals of Honduras holding TPS status to re-register to extend their status through the designation end date of January 5, 2020.   When those instructions are issued, the employment authorization documents held by qualifying individuals already set to expire on July 15, 2018, will likely be automatically extended for six months, providing applicants time to apply for new employment authorization documents valid through the termination date.

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.

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