In yet another update, DHS has announced that it is extending Temporary Protected Status (TPS) documents as well as work authorization until January 4, 2021 not just for El Salvador but also for Haiti, Honduras, Nepal, Nicaragua and Sudan. These extensions are based on injunctions and stays in various pending cases: Ramos, Saget, and Bhattari.
All TPS related documents, i.e. Forms I-94 and I-797 with expiration dates of January 2, 2020 (El Salvador, Haiti, Nicaragua and Sudan), January 5, 2020 (Honduras) and March 24, 2020 (Nepal) will remain in effect through January 4, 2021 if the individual beneficiaries filed for renewals during the applicable pre-registration periods.
Employment Authorization Documents (EADs) with the expiration dates noted in the Federal Register will be automatically extended through January 4, 2021. Anyone with one of those expiration dates who already applied for an EAD extension but has not yet received it is also eligible for the automatic extension.
If the government prevails in the cases that are challenging the termination of TPS status, TPS will terminate and wind down as follows:
Haiti, Honduras, Nepal, Nicaragua, Sudan: No earlier than 120 days from the issuance of the decision (with the possibility that Honduras and Nepal could be no earlier than 180 days if the government moves to vacate in Bhattari).
El Salvador: No earlier than 365 days from the issuance of the decision.
While no applications are currently necessary to receive the above automatic extensions, the government has reserved the right to require applications at a later date.
For more information on how these extensions and termination policies apply in specific circumstances, Jackson Lewis attorneys are available to assist you.