By Bruce Buchanan, Siskind Susser


The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) released an educational video reminding employers that Salvadorans with Temporary Protected Status (TPS) may continue working beyond the March 9, 2015, expiration date of their employment authorization documents.

The video explains the Department of Homeland Security automatically extended the validity of employment authorization documents for Salvadorans with TPS for an additional six months to September 9, 2015. Employers should obtain the Federal Register notice of the extension and attach it to the employee’s existing I-9 form.

Requesting additional work-authorization documents from these employees may violate the anti-discrimination provision of the Immigration and Nationality Act. This provision prohibits employers from making additional and unauthorized documentary demands because of an employee’s citizenship status, immigration status or national origin when verifying or re-verifying an employee’s employment eligibility.

TPS is a temporary immigration benefit that allows qualified individuals from designated countries who are in the United States to stay and obtain employment authorization documents to work legally in the United States for a limited period of time. A foreign country is designated for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, such as on-going armed conflict, environmental disasters or other extraordinary and temporary conditions in the designated country.

The newly released video may be viewed here.