Extension
of Work Authorization for TPS Recipients
from Burundi, Sudan, Honduras, Nicaragua, El Salvador, Liberia,
and Somalia
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The Secretary of Homeland Security is
authorized to grant Temporary Protected Status (TPS) to
eligible nationals of designated countries. Countries
may be designated that are suffering the effects of an
ongoing armed conflict, environmental disaster, or extraordinary
and temporary conditions within a country.
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TPS beneficiaries may remain in the United
States and obtain work authorization during the period
for which a country is designated under the TPS program.
Honduras
and Nicaragua
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On May 29, 2007, the Department of Homeland
Security (DHS) formally announced a eighteen-month extension
of the TPS designation for Honduras and Nicaragua from
July 5, 2007, to January 5, 2009. Employment Authorization
Documents (EADs) for eligible Honduran and Nicaraguan
TPS recipients have been automatically extended through
January 5, 2008, by DHS. Further, new EADs with a January
5, 2009, expiration date will be issued to eligible TPS
beneficiaries who timely apply.
- Who is eligible to receive an automatic six-month extension
of his or her EAD from July 5, 2007, to January 5, 2008?
To receive an automatic six-month extension of an EAD,
an individual must be a national of Honduras or Nicaragua
(or an alien having no nationality who last habitually
resided in Honduras or Nicaragua) who has applied for
and received an EAD under the designation of Honduras
or Nicaragua for TPS and who has not had TPS withdrawn
or denied. This automatic extension is limited to:
1) EADs issued on Form I-766, Employment Authorization
Document, bearing expiration date of July 5, 2006, on
the face AND that have a July 2007 DHS-issued extension
sticker on the back of the card; and
2) EADs issued on Form I-766 bearing an expiration
date of July 31, 2007.
These EADs must also bear the notation ''A-12'' or
''C-19'' on the face of the card under ''Category.''
Please note that DHS will not issue new
EADs or extension stickers showing the January 5, 2008,
expiration date of the six-month automatic extension.
Employers should not request proof of Honduran or Nicaraguan
citizenship.
Employers should accept an EAD as a valid "List A''
document and not ask for additional Form I-9, employment
eligibility verification documentation if presented with
an EAD that has been extended pursuant to DHS's May 29,
2007, Federal Register Notice, and the EAD reasonably appears
on its face to be genuine and to relate to the employee.
This does not affect the right of an applicant for employment
or an employee to present any legally acceptable document
as proof of identity and eligibility for employment.
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force.
- For complete information about the May 29, 2007, extension
of TPS designations and the automatic six-month extension
of EADs, please see the Federal Register Notices.
Honduran
Notice and Nicaraguan
Notice.
For detailed TPS information on the DHS website, please
click Honduras
or Nicaragua.
El Salvador
- On August 21, 2007, through a
Federal Register notice the USCIS formally announced
an eighteen-month extension of TPS for eligible Salvadoran
nationals from September 10, 2007, to March 9, 2009. EADs
for eligible Salvadoran TPS recipients have been automatically
extended six months via the Federal Register Notice through
March 9, 2008.
- Who is eligible to receive an automatic extension of
his or her EAD from September 9, 2007 to March 9, 2008?
To receive an automatic extension of an EAD, an individual
must be a national of El Salvador (or an alien having
no nationality who last habitually resided in El Salvador)
who has applied for and received an EAD under the designation
of El Salvador for TPS and who has not had TPS withdrawn
or denied. This automatic extension is limited to:
(1) EADs issued on Form 1-766, Employment Authorization
Document, bearing an expiration date of either July 5,
2006, or September 9, 2006, on the face AND that have
a September 2007 DHS-issued extension sticker on the back
of the card; and
(2) EADs issued on Form 1-766, Employment Authorization
Document, bearing an expiration date of September 30,
2007. These EADs must also bear the notation "A-12"
or "C-19" on the face card under "Category."
New EADs or extension stickers showing the March 9, 2008,
expiration date of the six-month automatic extension will
not be issued. Employers should not request
proof of Salvadoran citizenship. For complete information
on the August 21, 2007, extension of TPS designation for
Salvadoran Nationals and the automatic six-month extension
please see the
Federal Register Notice.
- Employers should accept an EAD as a valid "List A"
document and not ask for additional Form 1-9, Employment
Eligibility Verification documentation if presented with
an EAD that has been extended pursuant to the August 21,
2007 Federal Register Notice, and the EAD reasonably appears
on its face to be genuine and to relate to the employee.
This does not affect the right of an applicant for employment
or an employee to present any legally acceptable document
as proof of identity and eligibility for employment.
Burundi
- On October 29, 2007, the U.S. Citizenship and Immigration
Services (USCIS) announced the termination of TPS for eligible
Burundi nationals effective May 2, 2009. Employment Authorization
Documents with a November 2, 2007 expiration date have been
automatically extended via the Federal
Register notice until May 2, 2008. For detailed information,
please click Burundi.
- On August 14, 2008, the USCIS announced an extension of
TPS for eligible Sudan nationals for eighteen months, through
May 2, 2010. Eligible Sudanese are required to re-register
with USCIS by October 14, 2008. USCIS also automatically
extended the validity of employment authorization documents
(EADs) held by Sudanese nationals in current TPS status
from Nov. 2, 2008 to May 2, 2009. This six-month extension
will allow sufficient time for eligible TPS beneficiaries
to receive their new EADs without a lapse in their work
authorization. For detailed information, please click Sudan.
Somalia
- On March 12, 2008, the USCIS announced through a Federal
Register notice an extension of TPS for eligible Somalian
nationals for eighteen months through September 17, 2009.
DHS also automatically extended the validity of EADs held
by Somali TPS beneficiaries. Their EADs have been extended
from March 17, 2008, the date the EADs were originally set
to expire, for an additional six months through September
17, 2008. DHS will issue new EADs to eligible TPS beneficiaries
who timely reregister by May 12, 2008, and apply for a new
EAD. For detailed information, please click
Somalia.
Liberia
- On September 12, 2007, President George W. Bush issued
a Memorandum directing the Secretary of Homeland Security,
Michael Chertoff, to defer the enforced departure ("DED")
for 18 months, through March 31, 2009, of any qualified
Liberian national (or person without nationality last habitually
resided in Liberia) who is under TPS as of September 30,
2007.
- Who is eligible to receive an automatic extension of
his or her EAD from September 30, 2007 to March 31, 2009?
Liberian TPS recipients issued EADs on a form I-776
and that bear an expiration date of September 30, 2007,
are automatically extended to March 31, 2009.
- What documents may a qualified individual show to his
or her employer as proof of employment authorization and
identity when completing Form I-9?
Through March 31, 2009, Liberians (and persons having
no nationality who last habitually resided in Liberia)
who are eligible for DED, may present a copy of the Federal
Register Notice regarding the automatic extension of employment
authorization documentation, along with their Form I-766
(EAD) bearing the notation ``A-12'' or ``C-19'' on the
face of the card under ``Category,'' and having an expiration
date of September 30, 2007, on the face of the card. In
the alternative, any legally acceptable document or combination
of documents listed in List A, List B, or List C of the
Form I-9 may be presented as proof of identity and employment
eligibility.
For detailed information on the DHS website
regarding the Liberian DED, please see the Liberia
Fact Sheet and the DED
for Certain Liberians Questions & Answers.
For detailed information regarding Liberian
TPS, please click Liberia.
Worker Hotline: 1-800-255-7688
• Employer Hotline: 1-800-255-8155
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