Find out which documents are affected and what this notice means for those who are working in the U.S. under TPS.
If you, a friend, or relative is living in the U.S. under Temporary Protected Status, or TPS, and you have an Employment Authorization Document (EAD) that is set to expire in 2020, you may be happy to learn that the Department of Homeland Security (DHS) has extended the validity of many documents for individuals from certain countries. “TPS is a temporary immigration status granted to eligible nationals of a country designated for TPS under the Immigration and Nationality Act (INA) or to eligible persons without nationality who last habitually resided in the designated country.”
When an immigrant is granted TPS, “beneficiaries are able to remain the United States [and] may not be removed.” These individuals are “authorized to obtain EADs so as long as they continue to meet the requirements of TPS.” Aside from being able to work, TPS recipients are also able to apply for travel authorization as well.
Why did DHS decide to extend the validity of certain EADs?
DHS has decided to announce its action to extend the validity of certain EADs to “ensure its continued compliance with the preliminary injunction orders of the U.S. District Court for the Northern District of California in Ramos, et al.v. Neilsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (“Ramos”) and the U.S. District Court for the Eastern District of New York in Saget, et al., v. Trump, et al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (“Saget”), and with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019) (“Bhattarai”).
According to the notice that was published on the Federal Register on November 4, 2019, the “validity of TPS-related documentation for beneficiaries under the Temporary Protected Status (TPS) [has been extended for those who are from] El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan through Jan. 4, 2021.”
Which documents are affected?
U.S. Citizenship and Immigration Services (USICS) says the notice automatically extends the validity for various Employment Authorization Documents including Forms I-797, Notice of Action and Forms I-94, Arrival/Departure Record. In order to determine if your document’s expiration date has been extended, you will need to visit the Federal Register’s website. On the website, you will find a few tables that provide you with a category code and an expiration date. You will need to compare your document with the information provided in these tables to determine if your document is one that is affected by the notice.
If you are having trouble determining if your EAD is one that is affected, you can always contact New Jersey immigration attorney Eric M. Mark who would be happy to assist you.
Can I use the recently published notice as evidence of employment authorization for my employer?
You can. If your EAD is set to expire soon, you can present the notice published on the Federal Register’s website as evidence that your documents are still in effect. When filling out Form I-9, which is a requirement all employers must fulfill when hiring a foreign worker, simply attach the notice that stipulates your document has been automatically extended for a temporary period of time through January 4, 2021. It is important to note that your employer will be required to reverify your employment authorization by January 5, 2021.
The notice says that “at that time, you must present any document from List A or any document from List C on Form I-9, Lists of Acceptable Documents, or an acceptable List A or List C receipt described in the Form I-9 instructions to reverify employment authorization.”
What if I have a friend or relative who is looking to apply for TPS or wants to work in New Jersey?
With so many changes taking effect, it is best you consult with a NJ immigration attorney if a friend or relative of yours is looking to apply for TPS or wants to work in the U.S. There are many forms that need to be filled out and it is imperative that they are filled out correctly. Unfortunately, many individuals neglect to retain a legal expert who can help fill out these documents only to learn later on that they had made a mistake and their application was denied.
To prevent this from happening, we encourage you to contact The Law Office of Eric M. Mark now to find out how our office can help your friend or relative successfully file their application for TPS and/or employment authorization in the U.S. and what we can do to increase their chances of getting their application approved.
The Law Office of Eric M. Mark is located at:
Jersey City Office
121 Newark Avenue, Suite 515
Jersey City, NJ 07302
201 Washington Street
Newark, NJ 07102
20 Commerce Drive, Ste. 135
Cranford, NJ 07016