What happened?

The United States Citizenship and Immigration Services (USCIS) has issued notices extending certain Temporary Protected Status (TPS) Employment Authorization Documents (EADs) through March 9, 2025.

What are the details?

General Bites:

• The extension applies to TPS beneficiaries who are eligible to re-register for TPS or have a pending application to renew their Form I-766, EAD.
• This extension applies to TPS beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan.
• The current EADs bear an A12 or C19 category and a Card Expires date of various dates ranging from November 2, 2017 to June 30, 2024.
• User agencies must accept the applicant’s Form I-797 when they present it with their current EAD that has a TPS category of A12 or C19 and one of the listed expiration dates.
• Employees may show their Form I-797, along with their TPS-based EAD (EAD with an A12 or C19 code) with one of the expiration dates listed in “Completing Form I-9”, to any U.S. employer as proof of continued employment authorization through March 9, 2025.  This document combination is considered an unexpired EAD for Form I-9 purposes.

Key Bites for Employers:

• The extension ensures that there is no disruption in the employment of TPS beneficiaries.
• Employers are required to reverify the employment authorization of employees presenting an auto-extended, TPS-based EAD. This re-verification should be done on Section 3 of Form I-9 at the end of the automatic EAD extension period (Link).
• Employers must accept the applicant’s Form I-797 when they present it with their current EAD that has a TPS category of A12 or C195.
• For new employees presenting an EAD automatically extended by Federal Register Notice (FRN), employers must enter “EAD” in the Document Title field, the document number from the EAD with Category A12 or C19, and the automatic extension date provided in the FRN as the document expiration date in Section 2 of Form I-96 (Link).
• For current employees whose EAD has been automatically extended by FRN, employers must provide updated information on Form I-96 (Link).

Business Considerations

• Employers should take notice of the above because these measures ensure that they can continue to legally employ TPS beneficiaries and maintain compliance with employment authorization verification requirements.
• Employers should stay informed and regularly check the USCIS webpage for the latest information.
• Employers should re-verify the employment authorization of employees presenting an auto-extended, TPS-based EAD on Section 3 of Form I-9 at the end of the automatic EAD extension period.
• Employers should be prepared to accept the applicants’ Form I-797 when they present it with their current EAD that has a TPS category of A12 or C19.
• Employers should complete Form I-9, taking into consideration the particularities of new and current employees.
• Employers should train HR personnel on these changes to ensure they are prepared to manage the new documents and procedures.
• Employers should communicate with employees who are TPS beneficiaries about these changes to make them aware of the extensions and what they need to do.
• Employers should consult with a legal expert if needed due to doubts or concerns, to help ensure compliance with all regulations.

Source References

• Form I-9 Related News
• USCIS Issues Notices Extending Certain TPS EADs Through March 9, 2025
• USCIS Extends Employment Authorization Documents under Temporary Protected Status Designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan
• Temporary Protected Status and Deferred Enforced Departure
• 5.3 Automatic EAD Extensions for Temporary Protected Status (TPS) Beneficiaries

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