Latest Developments in

Immigration Law

What Is Going on with Temporary Protected Status?

I Have Temporary Protected Status. Am I Going to Lose it?

The Trump administration has taken steps to end the Temporary Protected Status designation for people from the following countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Currently, the result of these efforts is unclear, as multiple court cases and appeals surrounding the decision are still pending.

For now, due to an order from a California district court, work authorization for all individuals from the above countries with TPS is extended through October 4th, 2021, as long as the recipients of Temporary Protected Status (TPS) properly followed all renewal procedures.

However, U.S. Customs and Immigration Services (USCIS) has stated that if the court case concludes in their favor, they may revoke the Temporary Protected Status benefits at an earlier date.

If you have Temporary Protected Status from Somalia, South Sudan, Syria, or Yemen, TPS is still in place as of 01/05/2021 and is not currently the subject of litigation.

What Do I Need to Do to Keep Work Authorization?

If you applied for work authorization in a timely fashion, your work authorization will be automatically extended.

To verify that you qualify for this automatic extension, first check the category code printed on your Employment Authorization Document (EAD). If you are eligible, the code will read “A-12” or “C-19.” Next, check your listed expiration date.

If you are from El Salvador, check for an expiration date of: March 9th, 2018, September 9th, 2019, January 2nd, 2020, or January 4th, 2020.

If you are from Haiti, check for an expiration date of: July 22nd, 2017, January 22nd, 2018, July 22nd, 2019, January 2nd, 2020, or January 4th, 2021.

If you are from Honduras, check for an expiration date of: January 5th, 2018, July 5th, 2018, January 5th, 2020, or January 4th, 2021.

If you are from Nepal, check for an expiration date of June 24th, 2018, June 24th, 2019, March 24th, 2020, or January 4th, 2021.

If you are from Nicaragua, check for an expiration date of January 5th, 2018, January 5th, 2019, April 2nd, 2019, January 2nd, 2020, or January 4th, 2021.

If you are from Sudan, check for an expiration date of November 2nd, 2017, November 2nd, 2018, April 2nd, 2019, January 2nd, 2020, or January 4th, 2021.

If the expiration date matches any of the above for the correct country, your new automatically extended expiration date is October 4th, 2021.

To demonstrate that you have received this automatic extension, you can show your employer your EAD and the Federal Register notice reflecting the automatic extension. You do not need to re-apply for a new EAD.

Even if I Don’t Need a New EAD Card, I Want One. Can I Get One?

If you would like to apply to renew your EAD and receive an EAD with a current expiration date, you may do so, although it is not mandatory to maintain lawful employment or to prove to your employer that you have permission to be employed.

If you would like to apply for an EAD renewal, you can contact Attorney Jon Wu for assistance or go to the USCIS page on EADs for instructions and copies of the forms.

If TPS Officially Ends, Is There Any Way I Can Stay in the United States?

Even if TPS officially ends your country of origin, you may be eligible for other forms of immigration relief. Contact Attorney Jon Wu to discuss your options.

San Mateo Immigration Lawyer Serving San Francisco Bay Area