As previously announced, temporary protected status for Nicaraguan nationals will be terminated Jan. 5, 2019, and temporary protected status for Honduran nationals will be automatically extended for six months through July 5, 2018. The reregistration period was announced for both countries in the Federal Register.

Key dates:

  • Nicaraguan nationals who want to extend their TPS status until Jan. 5, 2019 must reregister for TPS and apply for an Employment Authorization Document (EAD) within the 60-day period between Dec.15, 2017 and Feb. 13, 2018.
  • Given the short processing time frames and the fact that many Nicaraguan nationals with TPS EAD’s are due to expire on January 5, 2018, the Department of Homeland Security will automatically extend the validity of EADs issued under the TPS designation of Nicaragua for 60 days, through March 6, 2018.
  • As long as Nicaraguan nationals with TPS timely reregister and properly file an application for an EAD, the validity of their EAD will be automatically extended by regulation for up to 180 days from the date the current EAD expires (which is through July 4, 2018).
  • On January 6, 2019, TPS designation for Nicaragua will end and TPS holders will no longer hold valid TPS or related employment authorization documents.
  • Honduran nationals who want to extend their TPS status until July 5, 2018 must reregister and apply for an employment authorization document within the same 60-day period (Dec. 15, 2017 through Feb. 13, 2018).
  • Employment authorization documents issued under TPS for Honduras will automatically be extended through July 4, 2018.
  • A decision from DHS on whether to terminate the TPS designation for Honduras is pending.

BAL Analysis: Nicaraguan and Honduran TPS beneficiaries are encouraged to file as soon as possible and not wait until the end of the reregistration period. DHS has advised Nicaraguan nationals to explore other visa categories for which they may qualify before the designation expires, or plan to leave the country by Jan. 5, 2019. Employers should be aware of the automatic extensions of employment authorization documents for Nicaraguan and Honduran TPS holders.

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

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