DHS is automatically extending the validity of TPS related documentation

The Department of Homeland Security (DHS) announced that it will automatically extend the validity of TPS related documentation for beneficiaries under the TPS designation for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for nine months through October 4th, 2021, from the current expiration date of January 4th, 2021.

These are great news for all TPS employees whose employers have already initiated the immigration process.  Those TPS employees will have more time in which to adjust status to that of a U.S. permanent resident.

If you are an employer and wish to retain a TPS employee on a permanent basis after October 4, 2021, we strongly suggest that you initiate the immigration process because it takes many months and, by October 2021, there could be a demand for immigrant visas greater than the annual allocation.        

Automatic Extensions of forms I-94, I-797

The DHS announcement, scheduled to be published in the Federal Register on December 9, 2020, automatically extends the validity of the forms I-94 and I-797 previously issued to beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. These extensions only apply if the TPS beneficiary properly filed for re-registration during the most recent DHS announced registration period from his or her respective country. In addition, the extension does not apply to any beneficiary from whom TPS has been withdrawn.

Current beneficiaries of TPS do not need to pay a fee or file any application, including Application for Employment Authorization (Form I-765) to maintain the TPS benefits through October 4th, 2021.

TPS beneficiaries who have failed to re-register properly, may still file an application for Temporary Protected Status (Form I-821) but must demonstrate good cause for failing to re-register in time to meet the published deadline.

Any TPS holder, who does not presently have a pending EAD application under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, may file form I-765 with appropriate fee.

Through this notice, the Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction orders of the U.S. District Court for the Northern District of California in Ramos v. Nielson, the U.S. District Court for the Eastern District of New York in Saget v. Trump, and with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen. A panel of the U.S. Court of Appeals for the Ninth Circuit vacated the injunction in Ramos on September 14, 2020. However, because the appellate court has not issued its directive to the district court to make that ruling effective, the injunction remains in place at this time.

For Further Information Contact: Maureen Dunn, Chief, Humanitarian Affairs Division, phone at 800-375-5283.

By Rosa Hernandez- Communications Specialist

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