Extension of TPS for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

On September 10, 2021, the Department of Homeland Security (DHS) published an announcement in the Federal Register of the automatic extension of the validity of Temporary Protected Status (TPS) related benefits and EAD work authorization for TPS beneficiaries from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through December 31, 2022. Through this announcement, current TPS beneficiaries from these countries are not required to file any application or apply for an employment authorization document (EAD) extension to maintain their TPS benefits through December 31, 2022, and may present their current EADs with a copy of the September 10, 2021 Federal Register notice as evidence of continued work authorization through December 31, 2022 for I-9 purposes. However, those who wish to have an EAD with the December 31, 2022 expiration date must file Form I-765 with U.S. Citizenship and Immigration Services (USCIS).

The DHS’ 15-month automatic extension of TPS benefits STEMs from the ongoing federal litigation cases which have enjoined DHS from enforcing the Trump Administration’s termination of existing TPS designations for these countries. In order to comply with statutory requirements for TPS while the district courts' injunction orders remain in effect, DHS may require these beneficiaries to re-register and will announce the re-registration procedures in a future Federal Register notice. In May 2021, DHS issued a new TPS designation for Haiti for 18 months with a registration period from Aug. 3, 2021, through Feb. 3, 2023. Eligible TPS beneficiaries from Haiti are encouraged to apply under the new designation to ensure that their TPS continues beyond the court-ordered extensions and without any gaps in status.

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