DHS Extends TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, & Sudan
The Department of Homeland Security has extended Temporary Protected Status (“TPS”) for nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan from January 4, 2021, to October 4, 2021, while litigation over ending TPS designation for these six countries continues.
If the government ultimately succeeds in the various lawsuits, it will move to end TPS designation for nationals of Haiti, Honduras, Nepal, Nicaragua and Sudan no sooner than 120 days from the date the decision becomes final. For nationals of El Salvador, the government will move to end TPS no sooner than 365 days after a decision becomes final because the number of El Savadorans in the US on TPS is significantly larger than all other nationalities benefiting from TPS.
In the meantime, the following documents will be automatically extended to October 4, 2021 so long as the TPS beneficiary properly filed for re-registration during the most recent applicable registration period:
Employment Authorization Documents (EADs) with category code of either A-12 or C-19;
Forms I-797, Notice of Actions (Approval Notices); and
Forms I-94 (Arrival/Departure record)
Documents for nationals of South Sudan (separate from the country of Sudan) will be extended until May 2, 2022.
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 must continue to meet all individual requirements for TPS eligibility and maintain status. 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:
The government moved to terminate TPS designation for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan between October 2017 to June 2018, which prompted lawsuits, challenging the government’s rationale for ending TPS. With nearly half a million people living in the US on TPS, the impact of their forced departure on their families, employers, and communities will be tremendous.
As of December 31, 2019, the number of TPS beneficiaries in the United States by country are:
We will continue to monitor the litigation over ending TPS designation for these nationals and provide updates as soon as we have more information.
This alert is for informational purposes only. Please contact us if you would like to discuss this development further.