Nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan will receive extensions for Temporary Protected Status as DHS deals with challenging its decision to end the Temporary Protected Status for the mentioned countries. This extension will safeguard government’s continued yield to precursory injunctions orders for the Northern District of California by the U.S. District Court in Ramos, et al. v. Nielsen, et. al. as well as the U.S. District Court for the Eastern District of New York in Saget, et. al. v. Trump, et. al.,in connection with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen.

Before this second extension, El Salvador, Haiti, Nicaragua, and Sudan would have been expiring on January 2, 2020. Honduras would have expired on January 5, 2020. Nepal would have expired on March 24, 2020.

Temporary Protected Stay Employment Authorization Documents for the countries mentioned will be set to expire on January 4, 2021, if they meet the registration requirements stipulated in the Federal Register Notice. For beneficiaries who have already applied for new EADs through a previous extension and have not received new EADs yet, they will be protected under the latest extension.

Forms I-94 and I-797 will be extended to January 4, 2021. Any applicant or beneficiary with a denied or withdrawn application will not be eligible for automatic extensions. 

Likely Outcomes:

If a decision is made and DHS is allowed to proceed with ending Temporary Protected Stays, the following will be the latest dates TPS status and EADs will end:

  • 365 days from the decision for beneficiaries from El Salvador, per the bilateral agreement made between the United States and El Salvador.
  • 120 days from the decision for beneficiaries from Haiti, Honduras, Nepal, Nicaragua and Sudan.

Impact:

New EADs: If TPS beneficiaries from the six countries mentioned want to acquire new EADs, the can do so through a Form I-765 Application for Employment Authorization with USC IS.

EAD Applications and TPS that are pending: The latest expiration date of January 4, 2021, will be applied to pending applications that are approved as well as approval notices and document expiration dates.

I-9 Employment Eligibility Verification: Beneficiaries who are eligible for EAD extensions can give their employer a copy of the Federal Register Notice in addition to a complete or updated Form I-9 and other required documents.

Posted in: Immigration

posted on: November 26, 2019

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