The Department of Homeland Security (DHS) published a Federal Register notice extending and redesignating Burma (Myanmar) for Temporary Protected Status (TPS). As such, the status will continue for 18 months through November 25, 2025. 

Homeland Security Secretary Alejandro Mayorkas announced in September that he would extend Burma’s TPS status due to humanitarian concerns. This decision will allow beneficiaries to remain in the U.S. and apply for employment authorization documents. Under the current extension period, Burmese nationals and individuals of no nationality who last habitually resided in Burma and remain eligible could extend their TPS status through November 25, 2025.

Burma’s redesignation also allows additional qualifying individuals to submit initial TPS applications. For example, those who have resided in the U.S. since March 21, 2024, would qualify. This initial application would take place during the first-time registration period from March 25, 2024, through November 25, 2025. Those wishing to re-register and extend their TPS may file during the 60-day reregistration period from March 25, 2024, through May 24, 2024.

This extension may also extend TPS-related employment authorization. Beneficiaries interested in requesting employment authorization during this time may submit a request for employment authorization documents (Form I-765). However, the appropriate fee or fee waiver must accompany this request.

The DHS will automatically extend the validity of existing employment authorization documents with expiration dates on May 24, 2024, or November 25, 2022. These cards must also include the A-12 or C-19 category to qualify for automatic extension. However, the DHS emphasized that employers still must check their workers’ continued employment authorization. As such, the DHS encourages employers to review these documents for extensions for relevant employees.

This extension to EAD validity will end on May 25, 2025. As such, employers must again check for continued employment authorization before employees start working on May 26, 2025. Employees may present any acceptable documentation (even unrelated to TPS) from List A or any combination of List B and List C to reverify work authorization. The DHS reminds all employers that such documentation includes acceptable receipts.

Furthermore, the DHS also announced that it would continue to relax employment authorization rules for F-1 students if they experienced severe economic hardship related to the crisis in Burma. Under these regulations, eligible students in F-1 status may work additional hours during school sessions with a reduced workload.

The extension and redesignation will provide significant benefits for employers with Burma TPS beneficiaries. However, ensuring their documentation meets the employment eligibility verification (Form I-9) regulations is crucial. One way to do so is by using an electronic I-9 management system. This system provides step-by-step instructions, digital storage, and optional E-Verify integration.

Ensure compliance today by switching to an electronic I-9 management tool with I-9Compliance.

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