What to do if your Employee is Eligible for the Automatic Extension under TPS:

What should I know?

On November 1, The Department of Homeland Security (DHS) announced a Federal Register notice that automatically extends the validity of TPS-related documentation (Employment Authorization Documents (EAD), Forms I-797, Notice of Action, and Forms I-94) for beneficiaries of Temporary Protected Status (TPS) for six designations through January 4, 2021. The affected countries are: El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

Why should I care?

Employers are required by law to ask their current employees about their continued employment authorization. According to the Federal Register notice, beneficiaries under these TPS designations can present their automatically-extended EAD to their employer to show their authorization to work in the United States has been extended through January 4, 2021. USCIS reminds employers that they may not reject an employee's document based on a future expiration date.

What should I do when filling out Form I-9's?

If the employee is eligible for the automatic extension, draw a line through the expiration date in Section 2 (or 3), write January 4, 2021, and sign and date the correction. Make sure to put a copy of the federal register notice in the I-9 file, and finally, mark in your calendar to re-verify the employee's work authorization by January 4, 2021.

Leyla McMullen

Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM

The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.

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