Temporary protected status, or TPS, is given to nationals of countries that the Secretary of Homeland Security deems unsafe for return due to reasons such as war or epidemic. These ongoing lawsuits challenge the termination of TPS for the aforementioned countries and have resulted in a temporary extension for TPS expiration dates.
EADs with code A-12 or C-19 are extended through January 4, 2021, as are I-94s and I-797s issued under TPS.
The extension applies only to EADs with an expiration date of one of the following:
07/22/2017 | 11/02/2017 |
01/05/2018 | 01/22/2018 | 03/09/2018 | 06/24/2018 | 07/05/2018 | 11/02/2018 |
01/05/2019 | 04/02/2019 | 06/24/2019 | 07/22/2019 | 09/09/2019 |
01/02/2020 | 01/05/2020 | 03/24/2020 |
Forms I-94 and I-797 from certain dates of validity will have their expiration date extended to January 4th, 2021. The Federal Register notice lists them as follows:
The TPS holder must remain eligible for his/her status during this extended period. Applicants must have filed for re-registration of TPS during the most recent DHS-announced period or have their re-registration pending.
The extension is temporary and the court cases ongoing. Should TPS go on to be eliminated for these countries, it would take place at least a certain number of days after appellate mandate to the district court. For Honduras, Nepal, Nicaragua, Haiti and Sudan, termination would be at least 120 days from any court decision. Elimination of TPS for El Salvador would take place at least 365 days from issuance of a court mandate. This is to provide some time for affected TPS holders to take action before they lose status.
For now, TPS nationals of the affected countries should stay updated on the latest changes. They can work with an experienced immigration attorney to see what their options are, depending on which direction the cases go.
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