The Department of Homeland Security announced that Temporary Protected Status (TPS) and employment authorization are automatically extended until June 30, 2024, for beneficiaries from El Salvador, Honduras, Nepal, and Nicaragua who are subject to the Ramos and Bhattarai TPS litigations. The same extension applies to beneficiaries from Haiti and Sudan who are also subject to those litigations and were part of the 2011 designation for Haiti and the 2013 TPS designation for Sudan. No applications or fees are required to obtain these extensions.

Despite this, beneficiaries covered by the automatic extensions and who would like to obtain an Employment Authorization Document (EAD) with an expiration date of June 30, 2024, must file a Form I-765 and pay the fee or request a fee waiver.

Individuals from Haiti or Sudan who received their grant of TPS in 2021 or 2022, respectively, are not covered by the litigations or the automatic extensions. For those individuals, their TPS status and EADs remain valid until the expiration dates on their documents.

Anyone from Haiti or Sudan who wants to obtain TPS under the new designations must be eligible and must apply before the registration periods close on February 3, 2023, for Haiti, and on October 19, 2023, for Sudan. To be eligible, individuals from Haiti must have continuously resided in the United States since July 29, 2021, and individuals from Sudan must have continuously resided in the United States since March 1, 2022.

Jackson Lewis attorneys are available to assist you in determining whether TPS beneficiaries have work authorization and how to document their work authorization for Form I-9 Employment Eligibility Verification purposes.