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Updates on TPS protection and EAD validity for TPS countries the government was attempting to terminate TPS designation

a hand protecting a paper cut out of a man and a woman

Temporary Protected Status, “TPS” has been the subject of much litigation where the prior Trump administration had attempted to end TPS designation for many countries that resulted in court litigation where the manner of ending TPS protections was questioned. We discuss TPS eligibility requirements here. We briefly discuss some of the litigation surrounding TPS termination efforts here.

The result is that while the new administration works through on how to handle this litigation and based on the court ordered stays forbidding the termination of TPS protections temporarily, USCIS has adopted a policy of automatically extending TPS protection and EAD validity while the court orders remain in place.

The following are those countries that were threatened to have their designation terminated with the current state of TPS validity and EAD validity. It should be noted that it is expected later this year if the court stays continue for the government to advise if a new period extension will be implemented.

El Salvador:

Reregistration not required as long as beneficiaries had reregistered during the periods of January 18, 2018, through March 19, 2018, and July 8, 2016 through September 6, 2016. TPS registration and EAD validity are extend through December 31, 2022.

Haiti:

2011 TPS – TPS registration and EAD validity are extended through December 31, 2022.

2021 TPS – TPS Registration and EAD validity will be valid until February 3, 2023, subject to the government issuing a new period of re-registration.

Honduras:

TPS registration and EAD validity are extended through December 31, 2022.

Nepal:

Reregistration not required as long as beneficiaries had reregistered during the periods of May 22, 2018, through July 23, 2018 and October 26, 2016 through December 27, 2016. TPS registration and EAD validity are extend through December 31, 2022.

Nicaragua:

Reregistration not required as long as beneficiaries had reregistered during the periods of Dec. 15, 2017, through Feb. 13, 2018 and May 16, 2016, through July 15, 2016. TPS registration and EAD validity are extend through December 31, 2022.

Sudan:

2013 TPS – TPS registration and EAD validity are extended through December 31, 2022.

2022 TPS – TPS Registration and EAD validity will be valid until October 19, 2023, subject to the government issuing a new period of re-registration.

South Sudan:

TPS registration and EAD validity are extended through November 1, 2022.

Note that there are other countries designated for TPS protections that are not subject to this litigation since the government never attempted to terminate their designation. As a result, these countries are not listed here. Regardless, if your status is expiring you should consult with an immigration attorney to confirm whether a renewal also known as a reregistration is required.

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