Updates on Temporary Protected Status
For individuals that currently have TPS from El Salvador, Honduras, or Nicaragua, the government has made several important announcements affecting the renewal of your TPS and work authorization. The information for each country can be found below:
El Salvador
On January 8, 2018, the Government announced its decision to terminate Temporary Protected Status (TPS) for nearly 200,000 nationals of El Salvador. Individuals with TPS who want to maintain their TPS status throughout the expiration date of September 9, 2019 must re-register between January 18, 2018 and March 19, 2018. While the country’s designation for TPS was automatically extended until September 9, 2019 each individual must still personally re-register.
In order to re-register, applicants must submit Form I-821, Application for TPS, and may also request an Employment Authorization Document (EAD) by submitting Form I-765, Application for Employment Authorization.
The Government has automatically extended the validity of EADs issued under the TPS designation of El Salvador for 180 days through September 5, 2018. Form I-765, Application for Employment Authorization is not required unless a new EAD is desired. Our recommendation is to also apply for a new EAD. The new EAD will be issued to you with the expiration date of September 9, 2019.
If you did not apply for a new EAD card or you are waiting to receive it, to prove that you are authorized to work legally, you may show the following documentation to your employer:
Honduras
On January 8, 2018, the Government announced that it would provide a short extension of TPS to those individuals who currently held TPS status from Honduras as they review the country conditions to determine if the program will continue on further. A final decision on whether or not the Government will end TPS for Honduras is pending. Accordingly, TPS designation for Honduras was automatically extended to July 5, 2018. Individuals with TPS who want to maintain their status throughout the expiration date of July 5, 2018 must re-register by Feb. 13, 2018. While the country’s designation for TPS was automatically extended until July 5, 2018, each individual must still personally re-register to retain their TPS.
All applicants must submit Form I-821, Application for TPS, and may also request an EAD by submitting Form I-765.
The Government has automatically extended the validity of EADs issued under the TPS designation of Honduras for 180 days, through July 4, 2018. Because the government has decided to automatically extend EADs through July 4, 2018, you are not required to file to renew your Employment Authorization, Form I-765, unless you desire a new EAD. We recommend that you review your options with an attorney with experience in immigration. If the Government approves your TPS re-registration application and your EAD application, a new EAD will be issued to you with the expiration date of July 5, 2018.
If you did not apply for a new EAD card or you are waiting to receive it, to prove that you are authorized to work legally, you may show the following documentation to your employer:
Nicaragua
On November 6, 2017, the Government announced its decision to terminate Temporary Protected Status (TPS) for Nicaragua. Individuals with TPS who want to maintain their status throughout the expiration date of January 5, 2019, must re-register by Feb. 13, 2018. While the country’s designation for TPS was automatically extended until January 5, 2019 each individual must still personally re-register to retain their TPS.
All applicants must submit Form I-821, Application for TPS, and also file Form I-765, Application for EAD. The Government has automatically extended the validity of individual EADs for Nicaragua for 60 days through March 6, 2018. Applicants who timely re-register for TPS status and properly file a request for a new EAD will have the validity of their EAD automatically extended by regulation for up to 180 days through July 4, 2018. We encourage TPS beneficiaries to file EAD applications as early as possible during this 60 day period in order to avoid a lapse in EAD documentation.
Review your options
We encourage individuals with TPS to consult with an immigration attorney with experience in immigration matters to review the options available to you. Now it is more important than ever, to meet with an immigration attorney and see what options are available to you to become a lawful permanent resident.
For help with the re-registration procedures for TPS, and to review your options, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713.289.4546 or via email at info@montyramirezlaw.com.