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USCIS Extends Certain Work Permits Under TPS Designations

Posted:

On June 20, 2024, U.S. Citizenship and Immigration Services (USCIS) extended the validity of certain work permits issued to Temporary Protected Status (TPS) beneficiaries under the TPS designations for El Salvador, Honduras, Nepal, Nicaragua, and Sudan.

Human Resources
Human Resources

According to a USCIS press release, all impacted beneficiaries will receive Form I-797, Notice of Action, notifying them of the extension of their Employment Authorization Documents (EADs or "work permits") through March 9, 2025.

TPS is a temporary U.S. immigration status that has been used as a humanitarian solution for nationals of certain countries who are present in the United States and are unable to return to their home countries safely due to specific country conditions. TPS status entitles the recipient to a work permit, protection from deportation, and authorization to travel, but requires periodic renewals.

TPS beneficiaries from the affected countries must re-register by submitting Form I-821, Application for Temporary Protected Status, during the re-registration period to keep their TPS benefits under the applicable designation corresponding to their country. The Department of Homeland Security previously extended the re-registration windows for individuals to submit their TPS applications as follows:

  • El Salvador (runs through March 9, 2025);
  • Honduras (runs through July 5, 2025);
  • Nepal (runs through June 24, 2025);
  • Nicaragua (runs through July 5, 2025);
  • Sudan (runs through April 19, 2025).

The re-registration period end dates vary by country, but all affected TPS work permits will be extended through March 9, 2025, irrespective of the filing date. Employees may show their Form I-797, along with their TPS-based EAD (EAD with an A12 or C19 code) with one of the eligible expiration dates, to any U.S. employer as proof of continued employment authorization through March 9, 2025. The complete list of eligible EADs that have been extended under the new TPS guidance can be found here.

Employers should be mindful of the extension of TPS and corresponding work permits for beneficiaries from designated TPS countries when re-verifying documents for Form I-9 as the facial expiration date may have been extended. Please contact counsel with any questions or for further guidance.

Posted In: Department of Homeland Security (DHS); U.S. Citizenship and Immigration Services (USCIS)

Want to know more? Read the full article by at Littler Mendelson

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