Photo by Nataliya Vaitkevich

El Salvador, Honduras, Nepal, Nicaragua, Haiti and Sudan.

What do all these countries have in common?

As of a week ago, the answer to that is an automatic extension of Temporary Protected Status (TPS).

On November 14, 2022, the Department of Homeland Security (DHS) announced the automatic extension of TPS for certain countries until June 30, 2024, as well as extensions for TPS-related documentation for current TPS beneficiaries (including Forms I-766, Employment Authorization Documents (EADs); Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record). 

Although the automatic extension of TPS-related documentation includes extension of specified Employment Authorization Documents (EADs) through June 30, 2024, beneficiaries who want a new EAD with the expiration date of June 30, 2024 displayed on it should still file Form I-765, Application for Employment Authorization. If you or your employer are not sure whether your EAD validity is automatically extended, check out this Federal Register Notice.

This extension announcement differs from most regular TPS extensions, when beneficiaries have to re-apply to extend their status. In this situation the TPS extension is automatic for most beneficiaries from the above listed countries because of current orders in effect from two lawsuits that DHS is involved in, Ramos et al. v. Nielsen et al and Bhattarai v. Nielsen, involving certain TPS beneficiaries. 

***An exception to the automatic exception is that TPS beneficiaries from Haiti and Sudan are only affected if they are beneficiaries from the 2011 Haiti designation and the 2013 Sudan designation. For TPS beneficiaries from those two countries who were not part of the 2011 or 2013 designations, USCIS announced the following:

Individuals who were newly granted TPS under the 2021 TPS designation of Haiti or the 2022 TPS designation of Sudan, but who did not have TPS under the 2011 Haiti designation or the 2013 Sudan designation, are not covered by this litigation compliance notice. Their TPS grants remain valid in accordance with their individual notices of approval from USCIS. In order to receive TPS under the new Haiti or Sudan designations, eligible individuals must apply before the close of the registration periods on Feb. 3, 2023, and Oct. 19, 2023, respectively.

If you have questions about your TPS status or need assistance with a visa application please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.