Business Immigration Insights

In 2018, 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.  However, in late 2018, a federal court judge in California issued a preliminary injunction preventing the administration from ending the TPS program for El Salvador and other countries.  At that time, DHS extended the EADs until September 9, 2019.  In light of that ruling, TPS beneficiaries holding EADS set to expire on September 9, 2019, will remain valid until January 2, 2020.  Because this is an automatic extension, TPS beneficiaries are not required to apply for new EADs.  Employers can update the re-verification section of the I-9s by using a copy of the Federal Register notice found at this link.

DHS is expected to issue a subsequent notice prior to January 2, 2020, that will describe the steps DHS will take after that date if continued compliance with the preliminary injunction is necessary.  Please check back for updates as we approach January 2, 2020.