For Current Burmese TPS holders: How To Deal With Issues or Problems With Your TPS at Work, the Department of Motor Vehicles, and Elsewhere

Background: The 18-month extension and redesignation of TPS for Burma was published in the Federal Register on Sept. 27, 2022. This resource contains guidance for Burmese nationals dealing with problems related to their TPS at work, the Department of Motor Vehicles, and elsewhere. CLINIC always recommends that TPS holders who encounter problems consult with a qualified legal professional.

Proving your status at work:

Automatic extension:

• Current Burmese TPS holder EADs with an expiration date of Nov. 25, 2022, are automatically extended through Nov. 25, 2023.

Materials to bring to work to prove ongoing employment authorization:

The new TPS designation period for Burma begins Nov. 26, 2022. Burmese TPS EAD holders should speak to their employers immediately and present the following materials:

• Copy of the Federal Register Notice, which includes directions and information for employers and employees: https://www.federalregister.gov/public-inspection/2022-20784/extension-and-redesignation-of-burma-myanmar-for-temporary-protected-status
• Your most recent EAD
• Your most recent Form I-797 Notice of Action receipt for TPS re-registration
• Your most recent Form I-797 Notice of Action reflecting TPS approval

For general questions about the employment eligibility verification process, employers may call USCIS at 888-464-4218 (TTY 877- 875-6028) or email USCIS at I9Central@dhs.gov.

Problems with TPS at work:

• Prohibitions against employment discrimination include that employers are not allowed to tell employees which documents they must present to demonstrate employment eligibility, if the documents they choose to present meet I-9 requirements.
• For general questions about the employment eligibility verification process, TPS holder employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at I9Central@dhs.gov.
• For information regarding employment discrimination based upon citizenship, immigration status, or national origin, including discrimination related to Employment Eligibility Verification (Form I-9) and E-Verify, TPS holders can call the Department of Justice Immigrant and Employee Rights Worker Hotline at 800-255-7688 (TTY 800-237-2515) or visit justice.gov/crt/filing-charge.
• To file a complaint with the U.S. Employment Opportunity Commission, visit eeoc.gov.

Proving your status at the department of motor vehicles, other public or private institutions, or to law enforcement:

If you are an eligible Burmese TPS holder, you can use the documents listed below to show that you have an automatic extension of your TPS and EAD through November 25, 2023. CLINIC recommends TPS holders try to contact the Department of Motor Vehicles, or DMV, or other agency in advance to ask about what documents to bring to appointments. Documents TPS holders should bring to appointments will include:

• A copy of the Federal Register Notice (which grants the automatic extension of work authorization)
• Your most recent EAD
• Your most recent Form I-797 Notice of Action receipt for TPS re-registration
• Your most recent Form I-797 Notice of Action reflecting TPS approval
• Any other relevant Department of Homeland Security document that shows your immigration status or authorization to be in the U.S.

The SAVE Program:

• Some states use the USCIS Systematic Alien Verification for Entitlements, or SAVE, program to confirm current immigration status.
• TPS holders can check the status of their SAVE verification by using CaseCheck at the following link: https://save.uscis.gov/casecheck/, then by clicking the “Check Your Case” button.
• If an issue occurs and a TPS holder finds that the SAVE system has not been updated in time, TPS holders can point DMV or other workers to the language in the Federal Register Notice that states:
• “You can also ask the agency to look for SAVE notices or contact SAVE if they have any questions about your immigration status or auto-extension of TPS-related documentation … occasionally, verification can be delayed.”
• See the “Note Regarding Federal, State, and Local Government Agencies (Such as Department of Motor Vehicles)” section in the Federal Register Notice for more information about SAVE and any issues encountered.

Problems with TPS at the Department of Motor Vehicles or other public or private institutions:

• Contact a qualified legal services organization for help. A list of qualified organizations can be found here: cliniclegal.org/directory.
• For problems at the Department of Motor Vehicles or other public institutions, TPS holders can call the Department of Justice Immigrant and Employee Rights Worker Hotline at 800-255-7688 (TTY 800-237-2515) or visit justice.gov/crt/filing-charge.

Avoiding legal services fraud:

Individuals should beware of fraud when seeking qualified legal assistance. More information about avoiding legal services scams is available here: cliniclegal.org/resources/protecting-your-community/unauthorized-practice-immigration-law.