November 24, 2022

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The U.S. Department of Homeland Security (DHS) has announced that the Temporary Protected Status (TPS) and employment authorization documents (EAD) have automatically extended to June 30, 2024. These changes affect most TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. These changes are automatic and do not require any action on the part of recipients to extend, provided recipients meet the documentary and registration requirements.

According to the DHS, these changes came from a court order that the Ninth Circuit Court of Appeals overruled in 2020. However, the court never issued a directive to implement the decision. As such, a request for an en banc hearing remains pending.

The Federal Register notice provides eligible EAD holders an automatic extension of their work authorizations through June 30, 2024. In addition, this notice assured that this extension covered various beneficiaries. For example, it covers beneficiaries from covered countries who have not applied for an EAD via previous extensions. It also covers those who have applied but have not received an EAD. Beneficiaries who have not applied for an EAD may apply by filing Form I-765. However, they must either request a fee waiver or pay the appropriate fee with the application.

TPS beneficiaries will also see that Forms I-94 and I-797 have received an extension through June 30, 2024. This extension applies to beneficiaries who appropriately filed for re-registration during the previously announced periods for their country. In addition, it affects pending applications and other previous registrations. TPS beneficiaries whose applications have been withdrawn or denied are not eligible for an automatic extension.

For employers completing the employment eligibility verification process (Form I-9), employers must still reverify TPS beneficiaries’ continued employment authorization upon the previously scheduled expiration date. However, the TPS holder may provide their expiring or expired EAD and a copy of the federal register notice as proof of their continued employment authorization.

When confirming eligibility, employers should review the “Card Expires” date and the Category code. They can compare it with the Federal Register notice to verify it or check the copy of a retained EAD when initially presented. Alternatively, TPS beneficiaries may obtain a new EAD with the current June 30, 2024 expiration date if they choose.

To gain a new EAD, eligible individuals must file Form I-765 and pay the appropriate fee or obtain a fee waiver. However, the automatic extension will apply regardless. Hence, it is not necessary to acquire a new EAD. Instead, it is up to the beneficiary to request a new copy.

As these changes show, keeping up with the latest changes to the employment eligibility verification process can be difficult. One of the best ways to ensure continued compliance is to invest in an electronic I-9 management system. This system can guide employers every step of the way, helping ensure uniform completion and compliance with the latest regulations.

Learn more about automating your employment eligibility verification and ensuring compliance with I-9 Compliance.

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