DHS Extends Temporary Protected Status and Work Authorization

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On December 9, the Department of Homeland Security (DHS) again extended Temporary Protected Status (TPS) for beneficiaries from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.  DHS also extended the work authorization of qualifying individuals through October 4, 2021.

The automatic extension through October 4, 2021 applies to nationals of these countries provided:

1. Their EAD has the Category Code A-12 or C-19 and
2. Their EAD has an expiration date of: 07/22/2017; 11/02/2017; 01/05/2018; 01/22/2018; 03/09/2018; 06/24/2018; 07/05/2018; 11/02/2018; 01/05/2019; 04/02/2019; 06/24/2019; 07/22/2019; 09/09/2019; 01/02/2020; 01/05/2020; 03/24/2020; or 01/04/2021.

When using an automatically extended EAD to complete Form I-9 for a new hire before October 4, 2021, the employer should do the following:

1. Determine if the EAD is auto-extended by ensuring it is in category A-12 or C-19 and has one of the expiration dates listed above.
2. Write October 4, 2021, as the expiration date.

In the case of a current employee taking advantage of the automatic extension of his or her EAD, the employee and employer should do the following:

1. Employee –
   1. Draw a line through the expiration date in Section 1;
   2. Write October 4, 2021, above the previous date;
   3. Initial and date the correction in the margin of Section 1.
2. Employer –
   1. Determine if the EAD is auto-extended by ensuring it is in category A-12 or C-19 and has one of the expiration dates listed above.
   2. Draw a line through the expiration date written in Section 2;
   3. Write “EAD EXT” and October 4, 2021, above the previous date; and
   4. Initial and date the correction in the Additional Information field in Section 2.

The employer must re-verify the employee’s Form I-9 on or before October 5, 2021.

Below is a chart from the USCIS regarding completing Form I-9 for a TPS beneficiary from El Salvador, Haiti, Nicaragua, Sudan, Honduras, or Nepal.