DHS Rescinds Termination of TPS Status for Several Countries

DHS Rescinds Termination of TPS Status for Several Countries

 The Department of Homeland Security (DHS) has decided to rescind the termination of several Temporary Protected Statuses (TPS). The list includes El Salvador, Honduras, Nepal, and Nicaragua, declared by the previous administration. The announcement also allowed an 18-month extension of status for each country. Under this update, the DHS will soon permit qualifying individuals to extend their status and renew their work authorization.

Terminating the TPS designation of these countries has proven a hot topic due to an ongoing court case. This case challenged the former administration’s revocation of TPS status for these countries, Haiti and Sudan. Since then, the DHS has redesignated these two countries and announced that it would do the same for the remaining four.

According to the DHS’s announcement, it will soon publish Federal Register notices detailing the decision. It would include the eligibility criteria, timelines, and procedures for current TPS status holders to renew their status and Employment Authorization Documents (EADs).

After the DHS publishes the notices, current TPS beneficiaries of these countries could qualify for the 18-month extension. This qualification would also include extending their EADs. However, the DHS only announced an extension of status, not a redesignation. This clarification means only existing TPS status holders will qualify. 

The continuous residence dates for their countries are:

  • El Salvador: Feb. 13th, 2001
  • Honduras and Nicaragua: Dec. 30th, 1998; and
  • Nepal: June 24th, 2015.

Previously, the DHS had extended the validity of TPS status for each of these countries through June 30, 2024, due to the ongoing litigation. However, the DHS will now extend the status for each country separately. This decision means the registration periods and expiration dates may differ.

For El Salvador, the DHS will extend the TPS designation from September 10, 2023, through March 9, 2025. This extension would permit roughly 239,000 beneficiaries to reregister between July 12, 2023, through September 10, 2023

Honduras and Nicaragua will see the designation extend from January 6, 2023, through June 24, 2025. Approximately 76,000 beneficiaries can extend their status between November 6, 2023, through January 5, 2024

Finally, Nepal’s extension is from December 25, 2023, through June 24, 2025. It will permit an estimated 14,500 to register from October 24, 2023, through December 23, 2023.

Employers must remember to have workers on TPS status complete the employment eligibility verification (Form I-9) process. They can accept expired and unexpired EADs by these employees, as stated in the Federal Register Notice, which extended the status through June 30, 2024. Furthermore, employers must follow the notice’s instructions and adhere to the published dates for each individual.

Requirements such as these, including those for re-verification, can quickly become disorienting for many employers. Utilizing an electronic I-9 management tool during the hiring process is the best way to ensure continued compliance. This tool can guide employers through every step of the verification process. In addition, it provides helpful reminders on when to take action to maintain continued compliance.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.