Extension of Work Authorization for TPS Recipients from Honduras, Nicaragua and El Salvador

On October 1, 2008, the Department of Homeland Security (DHS) formally announced an eighteen-month extension of the TPS designation for eligible Honduran and Nicaraguan nationals from January 6, 2009 to July 5, 2010. On Nov. 24, 2008, DHS announced that it had extended the deadline for the re-registration period for Honduran and Nicaraguan TPS beneficiaries through Dec. 30, 2008. USCIS has also automatically extended the validity of employment authorization documents (EADs) held by Honduran and Nicaraguan nationals in current TPS status from Jan. 5, 2009 through July 5, 2009.

What is the re-registration for Honduran and Nicaraguan TPS beneficiaries?

The re-registration period began on Oct. 1, 2008 and will now conclude on Dec. 30, 2008.

My Employment Authorization Document (EAD) that I received through TPS expires on
January 5, 2009. Am I still authorized to work in the United States?

USCIS has automatically extended the validity of EADs issued under the Honduran and Nicaraguan TPS designations for an additional six months from Jan. 5, 2009 through July 5, 2009. This will allow sufficient time for eligible TPS beneficiaries to receive their new EADs without any lapse in employment. Please see the Federal Register notices for further details regarding the automatic extensions.

Who is eligible to receive an automatic six-month EAD extension?

You are eligible to receive an automatic six-month extension of an EAD, if you:

This automatic extension is limited to EADs issued on Form I-766, Employment Authorization Document, bearing an expiration date of Jan. 5, 2009. These EADs must also bear the notation “A-12” or “C-19” on the face of the card under “Category.”

How may employers determine whether an EAD has been automatically extended for six months, through July 5, 2009, and is therefore an acceptable document for completion of the Form I-9, Employment Eligibility Verification?

An EAD that has been automatically extended for six months through July 5, 2009, will bear the notation “A-12” or “C-19” on the face of the Form I-766 under “Category,” and have an expiration date of Jan. 5, 2009, on the face of the card. New EADs or extension stickers showing the July 5, 2009, expiration date of the six-month automatic extension will not be issued. 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 documentation if presented with an EAD that has been extended pursuant to the Federal Register notices, and the EAD reasonably appears on its face to be genuine and to relate to the employee. This extension 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.

How may employers determine an employee's eligibility for employment once the automatic six-month extension expires?

Eligible TPS aliens will possess an EAD on Form I-766 with an expiration date of July 5, 2010. The EAD will bear the notation “A-12” or “C-19” on the face of the card under “Category,” and should be accepted for the purposes of verifying identity and employment authorization. Once the auto-extension expires, an employer is required to determine that an employee is employment authorized.

What documents may a qualified individual show to his or her employer as proof of employment authorization and identity when completing Form I-9?

Qualified individuals who have received a six-month automatic extension of their EADs by virtue of the Federal Register notices may present their TPS-based EAD to their employers, as described above, as proof of identity and employment authorization through July 5, 2009. To minimize confusion over this extension at the time of hire or re-verification, qualified individuals may also present a copy of the Federal Register notice regarding the automatic extension of employment authorization documentation through July 5, 2009. After July 5, 2009, a qualified individual may present a new valid EAD. In the alternative, any legally acceptable document or combination of documents as listed on the Form I-9 may be presented as proof of identity and employment eligibility.

On October 1, 2008, through a Federal Register notice the DHS formally announced an eighteen-month extension of TPS for eligible Salvadoran nationals from March 9, 2009 through September 9, 2010. In addition, on December 15, 2008, through another Federal Register notice, DHS automatically extended the validity of EADs issued under the Salvadoran TPS designation for an additional six months from March 9, 2009 through Sept. 9, 2009. This will allow sufficient time for eligible TPS beneficiaries to receive their new EAD without any lapse in employment.

This automatic extension is limited to EADs issued on Form I-766, Employment Authorization Document, bearing an expiration date of March 9, 2009. These EADs must also bear the notation "A-12" or "C-19" on the face of the card under "Category."

How may employers determine whether an EAD has been automatically extended for six months, through Sept. 9, 2009, and is therefore an acceptable document for completion of the Form I-9, Employment Eligibility Verification?

An EAD that has been automatically extended for six months through Sept. 9, 2009, will bear the notation "A-12" or "C-19" on the face of the Form I-766 under "Category," and have an expiration date of March 9, 2009, on the face of the card. New EADs or extension stickers showing the Sept. 9, 2009, expiration date of the six-month automatic extension will not be issued. Employers should not request proof of Salvadoran citizenship.

Employers should accept an EAD as a valid "List A" document and not ask for additional Form I-9 documentation if presented with an EAD that has been automatically extended pursuant to the December 15, 2008, Federal Register notice, and the EAD reasonably appears on its face to be genuine and to relate to the employee. This extension 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.

How may employers determine an employee's eligibility for employment once the automatic six-month extension expires?

Eligible TPS aliens will possess an EAD on Form I-766 with an expiration date of September 9, 2010. The EAD will bear the notation "A-12" or "C-19" on the face of the card under "Category," and should be accepted for the purposes of verifying identity and employment authorization.

What documents may a qualified individual show to his or her employer as proof of employment authorization and identity when completing Form I-9?

Qualified individuals who have received a six-month automatic extension of their EADs by virtue of the December 15, 2008, Federal Register notice may present their TPS-based EAD to their employers, as described above, as proof of identity and employment authorization through Sept. 9, 2009. To minimize confusion over this extension at the time of hire or re-verification, qualified individuals may also present a copy of the Federal Register notice regarding the automatic extension of employment authorization documentation through Sept. 9, 2009. After Sept. 9, 2009, a qualified individual may present a new valid EAD.

In the alternative, any legally acceptable document or combination of documents as listed on the Form I-9 may be presented as proof of identity and employment eligibility.

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.

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.

On March 30, 2009, President Obama issued a Memorandum directing the Secretary of Homeland Security, Janet Napolitano, to extend the deferred enforced departure ("DED") for 12 months, through March 31, 2010, of any qualified Liberian national (or person without nationality last habitually resided in Liberia) who is under DED as of March 31, 2009.

Liberian TPS recipients issued EADs on a form I-776 and that bear an expiration date of September 30, 2007, or March 31, 2009, are eligible for an automatic extension of their work authorization.

What documents may a qualified individual show to his or her employer as proof of employment authorization and identity when completing Form I-9?

DHS granted a six-month automatic extension of employment authorization until September 30, 2009. For employment eligibility verification purposes, TPS Liberians may present their EADs 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. Furthermore, a Form I-766 (EAD) issued to a Liberian national bearing the notation "A-11" on the face of the card under "Category," and having an expiration date of March 31, 2009, on the face of the card, is acceptable for completion of the Form I-9. 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.

Through September 30, 2009, Liberians (and persons having no nationality who last habitually resided in Liberia) who are eligible for DED, may wish to present a copy of the Federal Register Notice regarding the automatic extension of employment authorization documentation to their employers.