Thousands of holders of the Temporary Protected Status (TPS) will not have to worry about the validity of their work permits or to renew them in 2021. The Department of Homeland Security (DHS) announced that those who are registered, the expiration date of their employment authorizations is automatically extended until 31 December 2022.
The benefit applies to the TPS of El Salvador, Haiti, Honduras, Nicaragua, Nepal and Sudan. An estimated 400,000 migrants are registered under this humanitarian program that protects against deportation and grants an employment authorization (EAD).
DHS said the move was taken in response to several court orders that reinstated programs that had been canceled under the previous administration and later reinstated.
TPS recipients from the six countries whose work permits were automatically extended for another 18 months “must retain their status as long as they continue to meet all individual program eligibility requirements,” the government warned.
“As necessary, DHS will post future information in the Federal Register to ensure compliance with any relevant court orders that may be issued after the date of this notice,” added DHS.
According to ad, the extension of the validity of work permits is “automatic,” said lawyers consulted by Univision Noticias.
“But only for those immigrants who were protected and registered under the program,” warned José Guerrero, an immigration lawyer who practices in Miami (Florida). “If the person was not registered in TPS, they do not receive this benefit.”
Guerrero also said that, “in certain cases when people go to renew their driver’s license, the Department of Vehicles and Motors (DMV) will ask for proof of their status. When you present the work permit, they will notice that the date is expired and they will ask the Office of Citizenship and Immigration Services (USCIS) about the case ”.
“Sometimes there is no problem and the documentation issued by the USCIS is sufficient, but in certain cases the DMV requires a document with a valid date. In these cases, I have recommended to clients that they apply for a new employment authorization that includes the correct expiration date. They just have to pay the USCIS fee, “he said.
Be careful if you made a mistake
In the case of program beneficiaries whose protections are in effect but committed offenses that make them inadmissible, “they are in trouble and could have their deportation protection revoked,” says Jaime Barrón, an immigration attorney practicing in Dallas, Texas.
“Even if it has decades of protection. If you committed a crime or left the country without permission and try to return, you can receive a Notice of Appearance (NTA) before an immigration judge to initiate deportation from the United States for violation of the TPS regulations, “he added.
DHS said that TPS recipients from El Salvador, Haiti, Honduras, Nicaragua, Nepal and Sudan “can show their employers a copy of the notice of automatic extension published in the Federal Register” to argue the validity of their immigration status in the country.
The ministry also said that as soon as employers verify the information through the I-9 verification program, they will corroborate the data.
“A beneficiary under the TPS designation for any of these countries who has applied for a new EAD, but has not yet received his work permit, is covered by this automatic extension as long as the EAD he owns contains one of the expiration dates listed in the Table authorized by automatic extension, ”said the government.