DHS Extends TPS for El Salvador, Haiti, Nicaragua, & South Sudan
The Department of Homeland Security has extended Temporary Protected Status (“TPS”) for nationals of El Salvador, Haiti, Nicaragua, and Sudan until January 2, 2020, following a federal court order that temporarily prevents DHS from terminating TPS for nationals of these countries.
Specifically, documentation such as Employment Authorization (EADs), Forms I-797, Notice of Actions (Approval Notices), and Forms I-94 (Arrival/Departure record) have been extended to January 2, 2020. South Sudan will be extended until November 3, 2020.
For employers of TPS beneficiaries, the DHS’s Federal Register Notice (“Notice”) and the current EAD should be used to update Form I-9, Employment Eligibility Verification, E-Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE) accordingly. TPS beneficiaries will need to maintain their status and must continue to meet all individual requirements for TPS eligibility. These requirements can be found here.
By way of background, the Department of Homeland Security grants TPS to nationals of a country where conditions in that country temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.
DHS grants TPS to nationals of a country if the following temporary conditions exist in their home country: 1) ongoing armed conflict (such as civil war); 2) an environmental disaster (such as earthquake or hurricane), or an epidemic; or 3) other extraordinary and temporary conditions.
TPS beneficiaries are given work authorization, protected from removal, and may obtain travel permission.
Nationals of the following countries currently benefit from TPS:
This alert is for informational purposes only. Please contact us if you would like to discuss this development further.