January 31, 2023

Volume XIII, Number 31


January 30, 2023

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Validity of Temporary Protected Status Documentation Extended for Six Countries

On November 4, the Department of Homeland Security (DHS) published a notice in the Federal Register automatically extending the validity of documentation for certain foreign nationals under Temporary Protected Status (TPS) designations. The notice applies to TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. 

TPS is a temporary immigration status granted to eligible nationals of a country designated for TPS under the Immigration and Nationality Act or to eligible persons without nationality who last habitually resided in the designated country. DHS may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely or, in certain circumstances, where the country is unable to handle the return of its nationals adequately.

During the TPS designation period, TPS beneficiaries are eligible to remain in the U.S., may not be removed, and are authorized to obtain Employment Authorization Documents (EADs) so long as they continue to meet the requirements of TPS. The granting of TPS does not result in or lead to lawful permanent resident status.

DHS is extending the validity of documentation for beneficiaries of TPS from these six countries in compliance with court orders from three lawsuits that challenged DHS’s 2018 decision to end the TPS program for the designated countries. 

Under this notice, TPS-related documentation, including EADs, Notices of Action (Form I-797), and Arrival/Departure Records (Form I-94), are automatically extended through January 4, 2021. TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan may now show their automatically-extended EAD to employers to demonstrate they have employment authorization.

© 2023 BARNES & THORNBURG LLPNational Law Review, Volume IX, Number 310

About this Author

Michael Durham Immigration Attorney Barnes & Thornburg

Michael Durham has been practicing immigration law exclusively for the past 17 years. Michael’s focused experience allows him to guide his clients through the complex and constantly changing labyrinth of immigration laws and regulations.

Michael’s knowledge and understanding of immigration laws and critical insight into the immigration process qualifies him to represent businesses, employers and individuals alike with a wide range of immigration-related needs and services.

He assists employers, including hospitals, colleges and universities, technology companies, religious...