The U.S. Department of Homeland Security (DHS) today announced the "automatic" extension of the work permits for Hondurans, Nicaraguans and Salvadorians currently registered and protected by Temporary Protected Status (TPS).
Work permits of 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 the document until January 4, 2021.
These people no need to apply for a new work permit or pay a re-registration fee to the federal government.
If any employer requires proof of the validity of the document with the expired date, they can show the official notification that will be officially published in the Federal Register (Federal Register) on Monday, November 4, 2019, where it indicates the automatic extension of your work permit.
Reason for the extension of work permits
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.
Late re-registrations may be accepted
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.
Uncertainty about the future of TPS
President 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. The federal government appealed the decisions of the federal judges who ordered the suspension of the cancellation of TPS.
If the U.S. Court of Appeals or the U.S. Supreme Court does not reverse the preliminary injunctions, DHS will grant a new extension of work permits for Hondurans, Nicaraguans and Salvadorans for an additional period of time to be determined in the future.
This new extension would be announced 30 to 60 days before January 4, 2021..
Should a higher federal court remove the preliminary injunction and authorize the termination of TPS, that 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..
Beware of 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.
Beware of immigration fraud and do not seek legal advice from notarios, immigration consultants, multi-service or paper pushers. These people, who by law cannot give legal advice, could jeopardize your immigration cases because they do not have the necessary knowledge, nor the necessary permits to practice law.