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< Back to current issue of Immigration Daily

Extension of Work Authorization for TPS or DED Beneficiaries from Haiti, Honduras, Nicaragua, El Salvador, Liberia, Somalia, Sudan and South Sudan and the Syrian Arab Republic (Syria).

The Secretary of Homeland Security is authorized to grant Temporary Protected Status (TPS) to eligible nationals of designated countries. Countries may be designated that are suffering the effects of an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions within a country.

TPS beneficiaries may remain in the United States and obtain work authorization during the period for which a country is designated under the TPS program.

Informational videos ‘How to register for TPS’ in Creole, French and English are available under the Resources tab on the USCIS web site.

Haiti

On May 19, 2011, the Department of Homeland Security (DHS) announced it was both extending the existing designation of Haiti for temporary protected status (TPS) for 18 months from July 23, 2011, through January 22, 2013, and redesignating Haiti for TPS for 18 months, effective July 23, 2011, through January 22, 2013. The extension allows current eligible TPS beneficiaries to retain their TPS status through January 22, 2013. The redesignation of Haiti allows additional individuals who have been continuously residing in the United States since January 12, 2011, to obtain TPS, if eligible, including certain Haitians who arrived in the United States following the January 12, 2010, earthquake in Haiti.

In addition, Employment Authorization Documents (EADs) for Haitian TPS beneficiaries bearing an expiration date of July 22, 2011, and category A-12 or C-19 will be automatically extended for a six-month period, through January 22, 2012.  Employers should accept these EADs as valid "List A" documents. Employers should not request proof of Haitian citizenship, or ask for additional Form I-9 documentation if a worker presents an EAD that has been automatically extended.

For more information please see this U.S. Citizenship and Immigration Services Fact Sheet on the 18-month redesignation and extension.  For more information on the automatic extension of EADs, see the Federal Register notice on Reregistration Procedures dated May 23, 2011.  For more information on the extension and redesignation of TPS, see the Federal Register notice dated May 19, 2011

For detailed TPS information on the DHS website, please click Haiti.

Honduras and Nicaragua

On November 4, 2011, the Department of Homeland Security (DHS) formally announced an eighteen-month extension of the TPS designation for eligible Honduran and Nicaraguan nationals from January 5, 2012 to July 5, 2013. In addition, EADs for Honduran and Nicaraguan TPS beneficiaries bearing an expiration date of January 5, 2012 and category A-12 or C-19 will be automatically extended for a six month period, through July 5, 2012. Employers should accept the EADs as valid "List A" documents. Employers should not request proof of Honduran or Nicaraguan citizenship, or ask for additional Form I-9 documentation if a worker presents an EAD that has been automatically extended.

Please see the Federal Register Notices for Honduras and Nicaragua for more details.

For more information you may visit http://www.uscis.gov/tps.

What documents may a qualified individual show to his or her employer as proof of employment authorization and identity when completing Form I-9?

After July 5, 2012, TPS beneficiaries may present their new EADs on Form I-766 bearing an expiration date of July 5, 2013, to their employers as proof of employment authorization and identity. After July 5, 2012, employers may not accept EADs that no longer have a valid date. Employees also may present any other legally acceptable document or combination of documents listed on the Form I-9 as proof of identity and employment eligibility.

El Salvador

On January 10, 2012, the Department of Homeland Security (DHS) formally announced an eighteen-month extension of the TPS designation for eligible Salvadoran nationals from March 10, 2012 September 9, 2013. In addition, EADs for Salvadoran TPS beneficiaries bearing an expiration date of March 9, 2012 and category A-12 or C-19 will be automatically extended for a six month period, through September 9, 2012. These automatically extended EADs are valid "List A" documents. Employers should not request proof of Salvadoran citizenship, or ask for additional Form I-9 documentation if a worker presents an EAD that has been automatically extended. The Federal Register notice includes instructions for correcting the expiration date on the I-9 forms of current employees with automatically extended EADs.

Please see the Federal Register Notices for El Salvador for more details.

For more information you may visit the USCIS TPS: El Salvador website.

For more about the automatic extention of certain EADs, please view our TPS in a Nutshell: What Employers Need To Know video. To view transcript in another format please click here.

Liberia

On August 16, 2011, President Obama extended Deferred Enforced Departure (DED) through March 31, 2013 for qualified Liberians and those persons without nationality who last habitually resided in Liberia.  The President also automatically extended the employment authorization for Liberian nationals covered by DED for six months, from September 30, 2011, until March 31, 2012.  For employment eligibility verification purposes, DED recipients from Liberia may present an Employment Authorization Document (EAD) with an expiration date of September 30, 2011, and this automatically extended EAD is acceptable for completion of the Form I-9, until March 31, 2012.

USCIS has published a notice in the Federal Register extending the validity of employment authorization documents for Liberian nationals covered under DED.  During the first six months, Liberians receiving an extension of DED may present their automatically extended Form I-766 with an expiration date of September 30, 2011, to their employers as proof of employment authorization and identity.  The EAD must bear the notation “A-11” on the face of the card under “Category.”  To minimize confusion over this automatic extension at the time of hire or re-verification, qualified individuals may also present a copy of this Federal Register notice regarding the automatic extension of EADs through March 31, 2012.

The Federal Register notice also provides instructions for DED-eligible Liberians on how to obtain employment authorization for the remainder of the DED extension, and instructions for correcting and completing I-9 forms to reflect the automatic extension.

For detailed TPS information on the DHS website, please click Liberia and Deferred Enforced Departure Extended for Liberians Questions and Answers.

Somalia

On November 2, 2010, USCIS announced through a Federal Register notice an eighteen-month extension of the Temporary Protected Status (TPS) designation for eligible Somali nationals from March 17, 2011 to September 17, 2012. The 60-day re-registration period begins November 2, 2010, and will remain in effect until January 3, 2011.  Employment Authorization Documents (EADs) for Somali TPS beneficiaries will not be automatically extended.  Instead, Somali nationals with TPS will receive EADs. 

For more information, visit USCIS’s TPS Webpage for Somalia.

Sudan and South Sudan

On October 13, 2011, the USCIS announced through a Federal Register notice an extension of TPS for eligible Sudanese nationals for eighteen months, from November 3, 2011, through May 2, 2013. In addition, EADs for Sudanese TPS beneficiaries bearing an expiration date of November 2, 2011, and category A-12 or C-19 will be automatically extended for a six month period, through May 2, 2012.

Also on October 13, 2011, the USCIS announced through a separate Federal Register notice the designation of the new nation of South Sudan, because some individuals who are TPS beneficiaries under the current designation of Sudan may now be nationals of South Sudan.  The automatic extension of EADs issued under the Sudan designation includes individuals who are now applying for TPS from South Sudan as well as Sudan. 

Employers should accept the auto-extended EADs as valid “List A” documents. Employers should not request proof of Sudanese or South Sudanese citizenship, or ask for additional Form I-9 documentation if a worker presents an EAD that has been automatically extended.

Please see the Federal Register Notices for Sudan and South Sudan for more details.

For more information please click these links to the USCIS website:  TPS Designated Country-Sudan and TPS Designated Country-South Sudan.

Syrian Arab Republic (Syria)

On March 29, 2012, the USCIS announced through a Federal Register notice the designation of the Syrian Arab Republic (Syria) for Temporary Protected Status for a period of eighteen months, from March 29, 2012 to September 30, 2013. The designation allows eligible Syrian nationals (and aliens having no nationality who last habitually resided in Syria) who have both continuously resided in and been continuously physically present in the United States since March 29, 2012, to be granted TPS.

Please see the Federal Register Notice for Syria for more details.

For more information please click this link to the USCIS website: TPS Designated Country-Syria.

TPS & DED Information Flyers

Click here to view OSCís TPS & DED guidance for employers and workers during the Form I-9 process.

Worker Hotline: 1-800-255-7688 - Employer Hotline: 1-800-255-8155


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