By: Bruce Buchanan, Sebelist Buchanan Law

The Department of Homeland Security (DHS), through the USCIS, announced the extension of the validity of Temporary Protected Status-related documentation for beneficiaries, such as Employment Authorization Documents (EADs), through October 4, 2021 for the following six TPS countries - El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan. This is great news for employers who were worried about losing part of its workforce on January 4, 2021 as there are hundreds of thousands of TPS recipients, especially from El Salvador, Haiti, and Honduras.

Additionally, other TPS-related documentation for beneficiaries, such as Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record, have been automatically extended through October 4, 2021 for beneficiaries under the TPS designations for these six countries.

DHS extended the TPS documentation in compliance with the preliminary injunctions of the U.S. District Court for the Northern District of California in Ramos et al. v. Nielsen et al. and the U.S. District Court for the Eastern District of New York in Saget et al. v. Trump et al., and with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen.

When an employer is completing or updating the Form I-9 for an EAD with the category code of A-12 or C-19 with expiration dates 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, and 01/04/2021, it should automatically extend the date to October 4, 2021 in Section 2, List A. Additionally, you should write in “Additional Information” in Section, “Automatically extended by DHS” and initial and date those changes.

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.