Business Immigration Insights

Earlier this year, the Department of Homeland Security (DHS) announced that it will terminate the temporary protected status (TPS) program for nationals of El Salvador on September 9, 2019.  Employment authorization documents (EADs) held by qualifying individuals that expired on March 9, 2018, were automatically extended through September 5, 2018, providing applicants time to apply for new EADs valid through the termination date.

Because the USCIS has been unable to process EAD extension applications in a timely manner, DHS has further extended the expired EADs through March 4, 2019, provided that:

• The EAD has a marked expiration date of March 9, 2018, and the individual applied for a new EAD after January 18, 2018; or
• The EAD has a marked expiration date of September 9, 2016, and the individual applied for a new EAD on or after July 8, 2016.

USCIS states that it will mail a Notice of Continued Evidence of Work Authorization to eligible individuals to present to their employers for I-9 verification purposes.  Those who have not received their notices by September 4, 2018, must contact USCIS at (202) 272-8377.  In the interim, nationals of El Salvador can show employers the USCIS web page to continue working lawfully while awaiting their letters.  The web page can be found at this link.