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USCIS Announces TPS Extension for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

Construction employers with workers employed under certain Temporary Protective Status (TPS) designations should be aware that in tomorrow’s Federal Register the U.S. Citizenship and Immigration Services (USCIS) has announced that it is automatically extending TPS-related documentation, including Employment Authorization Documents, for beneficiaries under the TPS designations of El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for nine months from January 4, 2021 through October 4, 2021.  The TPS-related documents covered by this notice also include Notices of Action (Forms I-797), and Arrival/Departure Records (Forms I-94).

According to USCIS, this notice ensures the agency’s continued compliance with various court orders issued by federal district courts in the Ramos, Bhattarai, and Saget lawsuits that require USCIS to maintain the TPS designations for El Salvador, Haiti, Sudan, Nicaragua, Honduras, and Nepal, as well as the TPS and TPS-related documentation for eligible affected beneficiaries.  These extensions allow TPS beneficiaries to maintain TPS through October 4, 2021, provided that the affected beneficiaries remain individually eligible for TPS.  USCIS notes that these extensions apply only if the TPS beneficiary: (1) properly filed for re-registration during either the most recent registration periods for their country or any applicable previous re-registration periods for the alien’s country; or (2) has a re-registration application that remains pending.  This notice does not extend the validity periods of Forms I-94 or Forms I-797 for any TPS beneficiary who failed to file for TPS re-registration during one of the applicable previous re-registration periods, or for whom a re-registration request has been denied.  In addition, the extensions do not apply for any beneficiary for whom TPS has been withdrawn.

The nine-month automatic extension of the TPS designation for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal is effective as of January 4, 2021 and will remain in effect through October 4, 2021.

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