November 16, 2022: Federal Register Notice on Automatic Extension of TPS and Related Documentation for Beneficiaries from El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal

Eligible Temporary Protected Status, or TPS, holders from all countries covered by the Ramos preliminary injunction and the Bhattarai order receive an automatic extension of TPS and related documents through June 30, 2024, as long as the orders remain in place.

Key information:

• An 18-month extension of Temporary Protected Status, or TPS, was issued for El Salvador, Nicaragua, Honduras, Nepal, the 2011 Haiti designation and the 2013 Sudan designation. Those who hold TPS under these designations received an automatic 18-month extension of TPS and related documentation from Dec. 31, 2022, through June 30, 2024.
• This automatic extension applies to eligible TPS holders from the six affected countries provided an individual TPS holder’s status is not withdrawn under INA section 224(c)(3) or 8 CFR 244.14 because of ineligibility.
• Note that Haiti was redesignated for TPS on Aug. 3, 2021, and Sudan was redesignated for TPS on April 19, 2022.  Both designations were issued for 18 months, allowing eligible individuals covered by the Ramos and Saget injunctions, as well as other newly eligible individuals, to register for and maintain TPS through Feb. 3, 2023, and Oct. 19, 2023, respectively. 
• Haitians and Sudanese who received their initial TPS status under the respective 2021 and 2022 redesignations are not eligible for this automatic extension and must wait for individual re-determinations for Haiti and Sudan.
• As the most recent TPS designation for Haiti nears its expiration, CLINIC and other advocates urge DHS to extend the current designation and redesignate Haiti for an additional 18 months.
• At this time, eligible TPS holders do not need to pay a fee or file an application to receive the automatic extension of TPS and related documents through June 30, 2024.
• DHS will not implement the TPS terminations for any of the affected countries pending final disposition of the appeal of the Ramos preliminary injunction.

Work authorization:

• Eligible TPS holders do not need to apply for a new employment authorization document, or EAD, in order to receive the automatic extension of their work authorization through June 30, 2024.
• Any currently eligible beneficiary who does not presently have a pending EAD application under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras or Nepal may file Form I-765 with the appropriate fee or a fee waiver request in order to obtain a new EAD with a printed expiration date of June 30, 2024.
• Consult the Federal Register Notice for more information about what documents to present to your employer related to work authorization through TPS.
• For general questions about the employment eligibility verification process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at I-9Central@dhs.gov. USCIS accepts calls in English, Spanish and many other languages. Employees or applicants may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for information regarding employment discrimination based upon citizenship, immigration status, or national origin, including discrimination related to Form I-9 and E-Verify.

Future action and Federal Register Notices related to this Ramos injunction:

• The Ninth Circuit vacated the Ramos preliminary injunction on Sept. 14, 2020, but it currently remains in effect because the Ninth Circuit has not yet issued its directive to the district court to implement the Ninth Circuit panel’s decision. The plaintiffs have filed a request for a hearing en banc which remains pending.
• TPS for Sudan, Nicaragua, Haiti, and El Salvador will remain in effect so long as the Ramos preliminary injunction is in place. TPS for Honduras and Nepal will remain in effect so long as the Bhattarai order is in place.
• If the Ninth Circuit issues a negative decision on the pending en banc request and/or otherwise allows the injunction to go into effect, TPS beneficiaries from the six countries will remain in TPS status for 365 days from the mandate being issued or until June 30, 2024, whichever is later.
• In other words, these TPS beneficiaries should be able to maintain their TPS status at least until June 30, 2024, even if the Ninth Circuit allows TPS terminations to go forward in the coming months.
• Note that it was previously announced that El Salvador would have a longer wind-down period of 365 days while the other 5 countries only had a 120-day wind-down period. Under this new notice, all of the affected countries will receive the same 365-day wind-down period or until June 30, 2024, whichever is later, should the terminations be implemented.

Resources for help with your TPS at work, the DMV, and other public or private institutions:

Processing delays at USCIS can cause serious consequences for TPS holders, impacting work, drivers’ licenses and more. Current TPS holders who face these issues can use the following resources:

• Contact a qualified legal services organization for help. A list of qualified organizations can be found here.
• For general questions about the employment eligibility verification process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at E-Verify@uscis.dhs.gov. Information about rights and responsibilities can also be found on the USCIS website and E-Verify website.
• TPS holders can also call the Department of Justice Immigrant and Employee Rights Worker Hotline at 800-255-7688 (TTY 800-237-2515) or visit the website for questions or issues related to discrimination. Emails can be sent to ier@usdoj.gov.

Avoiding legal services fraud:

• Individuals registering or re-registering for TPS should seek qualified legal assistance and beware of fraud. More information about avoiding legal services scams is available here: cliniclegal.org/resources/protecting-your-community/unauthorized-practice-immigration-law.

A list of qualified organizations can be found here.