On September 10, 2021, the Department of Homeland Security published a Federal Register notice (FRN), which announced that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan will keep their status through December 31, 2022, if they are otherwise individually ineligible. The U.S. District court for the Northern District of California prohibited the DHS from ending the program on September 14, 2020, pending the resolution of a few federal cases.
The agency will continue to comply with the current preliminary injunction orders in the Ramos, Saget, and Bhattarai cases. The automatic extension of TPS documentation includes continued work authorization and other program-related documentation until the December 2022 deadline.
Current TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan do not have to pay anything or apply to keep their status. In addition, all their TPS-related documentation—such as Forms I-94 (Arrival/Departure Records) and Notices of Action (Forms I-797) automatically be extended through the deadline.
Regarding TPS designations for Haitian nationals, eligible individuals should apply for Haiti TPS under the new designation, which was announced on July 30, 2021, in light of the July assassination of President Jovenel Moïse and other recent events – so their TPS will continue in the event the courts end their injunctions.
Eligible beneficiaries interested in an EAD with the extended validity date of Dec. 31, 2022, need to file I-765 (Application for Employment Authorization) and either pay the filing fee or obtain a fee waiver. To request a fee waiver, fill out Form I-912 (Request for Fee Waiver) and submit the application along with Form I-765.