By: Bruce Buchanan, Sebelist Buchanan Law



Employers with employees, who have an employment authorization document (EAD) based on TPS (Temporary Protected Status) from El Salvador, Haiti, Nicaragua, or Sudan, should continue to accept their current EADs until at least January 2, 2020. This is based on the Department of Homeland Security’s notice in the Federal Register.

In order to determine employees with EADs through TPS, one needs to find the code on the EAD. The codes for TPS are A12 and C19. If the EAD has that category and the country listed on the EAD is El Salvador, Haiti, Nicaragua, or Sudan, then the automatic extension is given to that employee. On the I-9, Section 3, one should note the extension until January 2, 2020.

This extension is an outgrowth of a lawsuit entitled Ramos v. Nielsen, where a preliminary injunction was issued in October 2018, preventing implementation of the DHS’s decision to terminate TPS for El Salvador, Haiti, Nicaragua, and Sudan.

The TPS extension does not apply to Nepal or Honduras because neither country was included in the Ramos lawsuit. However, there is a case pending in the Northern District of California, where TPS beneficiaries from Nepal and Honduras filed a class action similar to Ramos.

I will keep you informed of any new developments.

If you want to know more information on issues related to employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.