The U.S. Department for Homeland Security (DHS) announced an automatic extension of the validity of Employment Authorization Documents (EADs) to January 4, 2021 for El Salvadorans with Temporary Protected Status (TPS). The announcement also stated, if the Trump Administration is successful in their efforts to terminate the TPS Program for El Salvador, that DHS would allow El Salvadorans a period of 365 days to depart the United States after the completion of TPS-related lawsuits.

The Trump Administration previously sought to terminate the TPS Program for El Salvador, effective September 9, 2019, but on October 3, 2018, plaintiffs in Ramos v. Nielsen were successful in obtaining a preliminary injunction from the U.S. District Court for the Northern District of California against the termination of TPS for El Salvador as well as Sudan, Nicaragua, and Haiti, pending a resolution of the merits of the case. Recent DHS data estimates about 417,000 foreign nationals are in the United States with TPS, of which 251,526 TPS holders are from El Salvador.

DHS issued this blanket automatic extension of expiring EADs for TPS beneficiaries of El Salvador to allow for sufficient time for EADs with new validity dates to be issued.  This automatic extension should be reflected on the U.S. Citizenship and Immigration Services (CIS) website for the Temporary Protected Status Designated Country: El Salvador, once updated. TPS holders from El Salvador are recommended to monitor this CIS website to ensure maintenance of TPS status if a new re-registration period is announced.

Foster previously published an Immigration Update© about how TPS Holders Should Review Alternate Immigration Options and may continue to recommend TPS holders review these alternate options while the future of the TPS Program for El Salvador remains uncertain.

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