U.S. Citizenship and Immigration Services (USCIS) has announced that nationals of Honduras who wish to extend their temporary protected status (TPS) through the January 5, 2020, termination date must reregister during the registration period running from June 5, 2018, through August 6, 2018. USCIS has automatically extended the validity of employment authorization documents (EADs) issued under the TPS designation for Honduras through January 1, 2019, for those who reregister. An applicant must submit a completed Form I-765, Application for Employment Authorization if he or she needs work authorization through the termination date. Reregistration procedures can be found in the Federal Register or on the USCIS website.
The automatic work authorization extension also covers Honduran applicants who filed timely applications for new EADs during the last reregistration period but have not yet received their EADs. If an applicant has a Form I-821 and/or a Form I-765 pending as of June 5, 2018, he or she is not required to file either application again. If the pending applications are approved, TPS and an EAD will be granted through January 5, 2020.
TPS beneficiaries maintain work authorization for Form I-9 employment eligibility verification purposes. Through January 1, 2019, employers may accept the following combination of documents for Honduran TPS beneficiaries to confirm employment eligibility:
- A TPS-related EAD (A-12 or C-19 category) with a January 5, 2018, expiration date plus (1) a Form I-797C receipt notice confirming the application was received on or after December 15, 2017, or (2) a copy of the June 5, 2018, Federal Register notice
- A TPS-related EAD (A-12 or C-19 category) with a July 5, 2018, expiration date plus (1) a Form I-797C receipt notice bearing the 180-day automatic extension for TPS-related EADs or (2) a copy of the June 5, 2018, Federal Register notice
These documents may be used to create E-Verify cases for new employees. Employers will receive a “Work Authorization Documents Expiring” alert for affected employees already in the E-Verify system as a reminder to reverify the employee’s employment authorization before January 2, 2019.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.
