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 GMS Flash Alert 2024-139

United States 鈥� TPS EADs Extended for El Salvador, Honduras, Nepal, Nicaragua, and Sudan

GMS Flash Alert 2024-139 | June 27, 2024

Effective June 20, 2024, U.S. Citizenship and Immigration Services (USCIS) extended the validity of Employment Authorization Documents (EADs) for beneficiaries in Temporary Protected Status (TPS) from the nations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan.1听 The prior extension is scheduled to expire on June 30, 2024. 听Beneficiaries who are eligible to apply for TPS, and those who have a pending application for either TPS or a TPS EAD, will be notified by USCIS of the new extension that runs through to March 9, 2025.听

(For prior coverage, see GMS Flash Alert 2023-137, 30 June 2023.)

Why this matters

This decision is critical to nationals of the five countries who qualify for TPS, as it permits them to remain work-authorized in the United States if they are unable to return home due to the ongoing peril affecting their home country. 听Eligible beneficiaries are reminded to carefully track the re-registration periods for their respective home countries to help ensure that their TPS does not lapse.听听

Underlying Re-Registration Periods for TPS

Eligible beneficiaries must make sure they re-register for TPS by filing Form I-821, Application for Temporary Protected Status, if they have not already done so. 听Although the re-registration periods applicable to the five countries do not all end on the same date, the automatic extension of EADs will run through March 9, 2025, for TPS beneficiaries from all five countries. 听USCIS will notify beneficiaries of the automatic extension by sending them a Form I-797, Notice of Action.

Below is a list of deadlines for re-registration for each of the five countries which benefit from the new TPS auto-extension2:

  • El Salvador: Through March 9, 2025
  • Honduras: Through July 5, 2025
  • Nepal: Through June 24, 2025
  • Nicaragua: Through July 5, 2025
  • Sudan: Through April 19, 2025.

Eligibility for Re-Registration and I-9 Verification

Eligibility to re-register for TPS applies only to those beneficiaries who have held the status through an application that was previously approved by USCIS under the designations given to these five countries. 听In addition, any applicants who entered the U.S. after the continuous residence dates for the five countries are not eligible for TPS.听 Eligible TPS beneficiaries seeking to extend their status must apply in a timely manner and receive an approval of their application(s) in order to remain in TPS and/or continue to work in the U.S. pursuant to a TPS EAD.

Employees can complete I-9 employment verification for work authorization through March 9, 2025, by presenting the new Form I-797 to be sent by USCIS, along with their current TPS EAD annotated with code A12 or C19 and reflecting one of the expiry dates shown on the USCIS I-9 Central website3, to their U.S. employer.

乐鱼(Leyu)体育官网 Insights

The Department of Homeland Security is likely planning an independent extension of its TPS designation for Haiti, which is set to expire on August 3, 2024. 听It is expected that such an extension of the TPS designation will be coordinated with an auto-extension of associated EADs as well, which are currently set to expire on June 30, 2024.

乐鱼(Leyu)体育官网 Law LLP in Canada will be tracking this matter closely. 听We will endeavor to keep readers of GMS Flash Alert informed on any important developments as they occur.

Contacts

Elizabeth Nanton

Partner and U.S. Immigration Practice Leader, 乐鱼(Leyu)体育官网 Law LLP

乐鱼(Leyu)体育官网 in Canada

Alexander Tolic

Associate

乐鱼(Leyu)体育官网 in Canada

Additional Resources

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Footnotes

1听听USCIS, 鈥�,鈥� June 20, 2024.

2听听滨产颈诲.

3听 听USCIS, "USCIS Issues Notices Extending Certain TPS EADs Through March 9, 2025" at the听.


Disclaimer

Please note the 乐鱼(Leyu)体育官网 International member firm in the United States does not provide immigration or labour law services. However, 乐鱼(Leyu)体育官网 Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the 乐鱼(Leyu)体育官网 International member firm in Canada.

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