October 20, 2020

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October 19, 2020

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DHS Extends Temporary Protected Status Designation for Six Countries

The Department of Homeland Security (DHS) has announced that it will automatically extend the validity of temporary protected status (TPS) documents and work authorization for qualified beneficiaries from El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal. The secretary of homeland security may designate a foreign country for TPS due to conditions in the country that temporarily prevent people from returning safely or, in certain circumstances, where the country is unable to handle the return of its nationals adequately. Pursuant to the DHS extension, TPS holders from the six countries are allowed to remain in the United States and continue to work through January 4, 2021 (assuming the beneficiaries continue to meet eligibility requirements for the program).

DHS is required to extend the validity of the TPS-related documents (including employment authorization documents, Form I-797, Notice of Action, and Form I-94 Arrival/Departure Record) in compliance with preliminary injunctions issued by the U.S. District Court for the Northern District of California and the U.S. District Court for the Eastern District of New York.

The lawsuits were filed in an effort to stop the Trump administration from ending the TPS program. Due to the critical nature of the action, injunctions were granted enjoining the administration from terminating TPS while the cases were pending.

If the administration is ultimately allowed to terminate TPS, the termination date for each country would be determined as follows:

  • 120 days from the date of the court’s decision for beneficiaries from Haiti, Honduras, Nepal, Nicaragua, and Sudan
  • 365 days from the date of the court’s decision for beneficiaries from El Salvador

Employers may consult the Federal Register for details about how to comply with Form I-9 verification requirements.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume IX, Number 318


About this Author

Andrea C. Davis Employment Immigration Lawyer Ogletree

Andrea is an associate attorney in the Atlanta office of Ogletree Deakins. She focuses her practice on employment-based immigration.

Andrea completed her undergraduate studies at the University of California, Berkeley and received her Juris Doctor from the University of North Carolina School of Law. During her law school career, Andrea gained experience working in the Immigration and Human Rights Clinic, preparing non-immigrant U-visa petitions for victims of violent crimes, and interning in the Health and Public Assistance Section of the North Carolina Department of Justice. She...

Melissa Manna, Ogletree Deakins Law Firm, Raleigh, Immigration Practice Group Writer
Immigration Practice Group Writer

Melissa Manna is an Immigration Practice Group Writer. Her primary focus is writing and editing legal articles relating to immigration for the firm’s online and print publications, websites, and newsletters.

Prior to joining Ogletree Deakins, Melissa spent 9 years as in-house counsel at TowerCo, one of the largest independent wireless tower companies in the U.S., representing the company in all aspects of commercial real estate. During that time she managed due diligence, advised and implemented risk management solutions, and closed transactions valued in the hundreds of millions of dollars.

Before TowerCo, she was an attorney with Alan Gordon Immigration and Naturalization Law in Charlotte, NC, representing large and small companies, investors, entrepreneurs, and families in all stages of the immigration process. She regularly appeared before U.S. Citizenship and Immigration Services to advocate on behalf of clients, as well as the EOIR Immigration Court in Atlanta to defend clients against removal and deportation.

Melissa received her J.D. from Pennsylvania State University, Dickinson School of Law and her B.A. in Journalism from The College of New Jersey. She is licensed by the North Carolina Bar.