The Department of Homeland Security (DHS) officially posted Federal Register Notices extending several Temporary Protected Status (TPS) designations and Employment Authorization Documents (EADs). According to the notice, the DHS included an 18-month extension to El Salvador, Honduras, Nepal, and Nicaragua. These notices follow the DHS Secretary’s announcement to rescind the prior decision to terminate these designations.
The latest extensions do not affect the validity of the prior through this period. In addition, only those who have previously registered and received TPS under one of these designations can register for the new extensions. Individuals who arrived after the continuous residence dates for these countries’ designations will not qualify for TPS status. They also cannot apply for associated EADs to work in the United States.
This announcement included information needed for applicants to re-register for the 18-month extension. Extending EADs will allow individuals to complete or update their employment eligibility verification (Form I-9) to continue working in the United States. In addition, employers can update these Form I-9s to the current expiration date, complying with verification requirements.
According to the past extension, the four countries had to comply uniformly by June 30, 2024. However, the DHS decided the periods and expiration would now depend on the country of designation. These will be:
This update will require employers to update their Form I-9s for those authorized to work under these designations. Employees with EADs granted under these TPS statuses will have their EADs automatically extended. However, the employer may have to check the Category Code and expiration date to update the EAD expiration date in the I-9 forms.
With these changes to TPS and EAD validity, employers may find updating all I-9 documents complicated. However, integrating electronic I-9 management software could help guide the process. In addition, this tool would securely store the documentation for future use.
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