The U.S. Department for Homeland Security (DHS) has announced the automatic extension of the validity of Employment Authorization Documents (EADs) to October 4, 2021, for citizens of El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal with Temporary Protected Status (TPS).  

The Trump Administration has sought to terminate the TPS Program for these countries, recently winning a case in the U.S. Court of Appeals for the Ninth Circuit vacating the injunction from the U.S. District Court for the Northern District of California against the termination of TPS for these countries. However, because the appellate court has not issued its directive to make the ruling effective, the injunction against the cancellation of TPS for these countries remains in place. This means that for the time-being, and until further action is taken by the Ninth Circuit court to issue a directive to implement the cancellation of TPS for these countries, that TPS will remain in place for these six countries.  

This automatic extension is reflected on the U.S. Citizenship and Immigration Services (CIS) website for Temporary Protected Status. TPS holders from these countries are recommended to monitor this CIS website to ensure maintenance of TPS status if a new re-registration period or any other required action is announced. DHS has also provided instructions for completing or updating the Form I-9 Employment Eligibility Verification.  

Foster will continue to monitor developments impacting TPS holders and will make future updates available via our Firm’s website at www.fosterglobal.com and in future Immigration Updates©.