Extensions to Temporary Protected Status (“TPS”)

In response to preliminary injunctions, the U.S. Department of Homeland Security (“DHS”) announced status extensions applying to foreign nationals in temporary protected status (“TPS”). The extensions also apply to employment authorization, I-94 Forms, and I-797 Forms. The extensions for the I-94 and I-797 Forms apply to TPS beneficiaries, who timely filed applications during the re-registration periods. The federal register notice, published on 10 September 2021, also includes guidance for employers regarding the criteria to prove a TPS beneficiary’s work eligibility. These changes apply to TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. On 22 September 2021, DHS published a notice to correct information in the 10 September 2021 notice regarding terminating 2011 Haiti TPS designation. According to the 22 September notice, DHS will not terminate the 2011 Haiti TPS designation until reversals become final in Saget, et al. v. Trump, et al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) and Ramos, et al. v. Nielsen, et al., No. 18-cv–01554 (N.D. Cal. Oct. 3, 2018).