United States

TPS for Honduras, Nepal: update on employment authorization documents

29 May 19

UNITED STATES

The Department of Homeland Security has formally published an announcement of its extension of Temporary Protected Status (TPS) for Honduras and Nepal in response to a court order. The announcement contains important information about the validity periods of employment authorization documents, or EADs, for employers who are reviewing documentation during the Form I-9 employment eligibility verification process.

Key points:

  • Honduras TPS. TPS documentation for Honduras will remain in effect until Jan. 5, 2020 for individuals with an approved reregistration or a pending reregistration and EAD application. Around Nov. 21, 2019, DHS will announce details of an automatic extension for Honduras TPS individuals.
  • Nepal TPS. For Nepal, the validity period of TPS documentation is automatically extended through March 24, 2020 for individuals who reregistered or have a pending reregistration and meet other eligibility criteria. Those whose documents are not automatically extended who now apply and are approved will be granted EADs valid through March 24, 2020.

Background: The Trump administration moved to terminate TPS for six countries—El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal. A federal court in California temporarily blocked DHS from terminating the program, and DHS complied with the court order by extending TPS, but that lawsuit and court order only addressed the first four countries. A subsequent lawsuit challenged termination of TPS for Honduras and Nepal. DHS agreed to temporarily suspend its termination of TPS for the remaining two countries, while it appeals the California court’s ruling.

BAL Analysis: Employers conducting I-9 employment eligibility verification document checks should consult the Federal Register notice to determine which EADs are automatically extended for Honduran and Nepalese TPS beneficiaries, as well as how E-Verify and SAVE procedures are affected. Individuals presenting TPS-related EADs during the I-9 process must also present to their employer a copy of the Federal Register notice along with the relevant EAD and other required documents.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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