New extension of work permits for Hondurans, Nicaraguans and Salvadorans under TPS

The federal government today announced the extension "automatic" of the work permits for Hondurans, Nicaraguans and Salvadorians currently registered and protected by Temporary Protected Status (TPS).

Which TPS work permits have been automatically extended for Hondurans, Nicaraguans and Salvadorans in 2021?

According to the U.S. Department of Homeland Security (DHS), work permits for Hondurans, Nicaraguans and Salvadorans under TPS in the A-12 and C-19 category and with the following expiration dates will receive a automatic extension of employment authorization documents (EADs) until December 31, 2022.

These people no need to apply for a new work permit or pay a re-registration fee to the federal government.

If any employer or government office requires proof of the validity of the document with the expired date, they may show the official notice that was published in the Federal Register (Federal Register) on September 10, 2021, which indicates the automatic extension of your work permit.

What is the reason for the extension of work permits in 2021?

DHS extended work permits to comply with court orders temporarily blocking the termination of TPS for several countries, including HondurasNicaragua and El Salvador. The court rulings protect approximately 408,000 immigrants, including 80,570 Hondurans, 4,508 Nicaraguans and 251,445 Salvadorans.

Is it possible to re-register for TPS late in 2021?

Due to the temporary block to the removal of TPS for these countries, U.S. Citizenship and Immigration Services (USCIS) will also accept late re-registrations from individuals who have a good reason for not re-registering on time. An immigration attorney should be consulted before attempting to file a late re-registration application.

What will happen to TPS?

Former President Donald Trump's administration eliminated TPS for several countries, including Honduras, Nicaragua and El Salvador, but a series of lawsuits filed by pro-immigrant groups succeeded in obtaining a temporary block to the suspension of the program.

On Sept. 14, 2020, a panel of three judges from the Federal Court of Appeals for the Ninth Circuit ruled that the federal government may terminate TPS humanitarian protections. which has allowed hundreds of thousands of immigrants, impacted by natural disasters and civil wars, to live and work legally in the United States for the past 22 years. The decision affects citizens from El Salvador, Honduras, Nicaragua, Haiti and Sudan.

However, the temporary block remains in place because the attorneys representing the Plaintiffs-Appellees have asked all of the judges of the Federal Court of Appeals for the Ninth Circuit to review the case (rehering en banc) and determine whether the initial decision of the panel of judges will go into effect. If all of the judges agree to hear the case and a majority of them issue a decision upholding the termination of TPS, the Ninth Circuit Court of Appeals will issue a directive to the district court to enforce its decision which would remove the temporary block and allow for the termination of TPS for the affected countries.

When could TPS end?

When the Federal Court of Appeals for the Ninth Circuit issues its directive removing the preliminary injunction and authorizes the termination of TPS, it would allow DHS to end TPS for the affected countries, including Honduras, Nicaragua and El Salvador.

If that happens, the cancellation of the program for Hondurans and Nicaraguans would take effect 120 days after the final order authorizing the elimination of TPS is issued, or on the previously announced termination date for each country. Whichever date is later will be taken into account.

The termination of the program for salvadorans would take effect 365 days after the issuance of the final order authorizing the elimination of TPS, or on the previously announced termination date for each country. Whichever date is later will be taken into account.

DHS granted an additional 245 days for Salvadorans to leave the U.S. due to more Salvadorans enrolled in TPS and to effect an orderly repatriation without triggering another mass migration to the United States..

Avoid becoming a victim of immigration fraud

I emphasize that the extension of work permits for Hondurans, Nicaraguans and Salvadorans currently enrolled and protected by TPS is automatic and free of charge.

Do not allow yourself to be tricked into believing that you have to pay a fee to take advantage of the work permit extension.

As the name of the program indicates, TPS is temporary and therefore will one day end. Therefore, it is important that anyone currently registered for TPS immediately consult with an immigration attorney to discuss their legal options.

Hondurans, Nicaraguans and Salvadorans who have recently arrived in the United States are not eligible to register for TPS for the first time. These individuals should consult with an immigration attorney to see if there are other immigration benefits they may be eligible to apply for.

Beware of immigration fraud and do not look for legal advice with notaries, immigration consultants, multi-service or full papers. These individuals, who by law cannot give legal advice, could jeopardize your immigration cases because they do not have the necessary knowledge or the necessary permits to practice law.