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TPS Holders Should Review Alternate Immigration Options

10 Jan

On January 8, 2018, the Department of Homeland Security (DHS) announced the Temporary Protected Status (TPS) designation would be terminated for El Salvador on September 9, 2019.

Since March 9, 2001, the TPS designation allowed certain Salvadorians with continuous residence in the United States since February 13, 2001, to remain, live and work in the United States for close to two decades. As a result of this change, over 262,000 nationals of El Salvador holding TPS status will need to depart the United States or change their U.S. immigration status by September 9, 2019. Foster previously reported on the termination of TPS for Nicaragua, effective January 5, 2019, and the TPS designation for Haiti will be terminated effective July 22, 2019. The TPS designation of Honduras is also under a six-month period of review and set to expire soon on July 5, 2018.

Possible Alternate Immigration Options for TPS Holders

Employers of TPS holders are recommended to seek legal advice on other possible U.S. visa options and retaining work authorization for their employees as soon as possible before the programs end or are terminated. Such options may include:

  1. H-1B Specialty Occupation Worker
  2. H-2A Temporary Agricultural Worker
  3. H-2B Temporary Nonagricultural Worker
  4. For multinational companies, employment transfer to an affiliate abroad and potential eligibility for U.S. L-1 Intracompany Transferee visa after one (1) year
  5. Permanent Labor Certification
  6. National interest waiver immigrant petition if the work is in the national interest
  7. Other U.S. family-based immigration options available to the TPS holder
  8. Cancellation of removal if placed in immigration proceedings with an immigration judge

TPS Designated Countries

Please see the following chart of TPS-designed countries, upcoming expiration dates, and approximate number of TPS holders from each country based on recent DHS data: