The Department of Homeland Security announced Monday that it will extend Temporary Protected Status-related documents for TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.

Key Points:

  • TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan is set to expire Jan. 4, 2021, but will remain in place while a court-ordered injunction remains in effect.
  • DHS will automatically extend TPS-related documentation for nationals of these six countries through Oct. 4, 2021. The documentation that will be extended includes Employment Authorization Documents (EADs); Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record.
  • DHS may need to open a reregistration period for TPS beneficiaries of the six countries in order to comply with the injunction, and, if so, would announce reregistration procedures in a future notice.

Background: In September, a federal appeals court overturned an injunction imposed in October 2018 that blocked the Trump administration from terminating TPS for El Salvador, Haiti, Nicaragua, and Sudan, but did not immediately end TPS, leaving the injunction in place at this time. TPS designations for Nepal and Honduras are tied to the designations of the other four countries by a court order in a separate case.

Additional Information: The agency is expected to publish an official notice in the Federal Register tomorrow. A prepublication version was posted today. For information on the status of TPS for specific countries in light of the litigation, visit USCIS’ TPS page.

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

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