Final Re-Registration Period for El Salvador TPS Set to Open January 18

At a glance

• Temporary Protected Status (TPS) for El Salvador will expire on September 9, 2019.

• Current El Salvador TPS beneficiaries will have 60 days to re-register in order to maintain status through the program expiration date, according to a USCIS notice that is to be published on January 18.

• Employment authorization documents that expire on March 9, 2018 will be automatically extended through September 5, 2018.

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  The situation

  The Department of Homeland Security (DHS) will terminate Temporary Protected Status (TPS) for El Salvador on September 9, 2019. Current Salvadoran TPS beneficiaries will have 60 days to request a final 18-month extension of status and work authorization while they seek another immigration status or prepare to depart the country, according to an advance copy of a notice that is to be published in the Federal Register on January 18.

  Re-registering for TPS

• Who may re-register: Re-registration is limited to those who previously registered for and were granted TPS under the designation of El Salvador.

• When to re-register: To obtain an 18-month extension of status, current Salvadoran TPS beneficiaries must submit Form I-821 with U.S. Citizenship & Immigration Services (USCIS) within the 60-day re-registration period.

• Extending employment authorization: Beneficiaries who wish to extend their employment authorization for 18 months must also submit a Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application) within the re-registration period.

• Automatic EAD Extensions: DHS recognizes that not all re-registrants will be able to file and receive new EADs before their current employment authorization expires on March 9, 2018. Accordingly, DHS will automatically extend the validity of all EADs issued under the TPS designation of El Salvador through September 5, 2018.

  I-9 Eligibility Verification

  For Form I-9 employment eligibility verification purposes, through September 5, 2018, employers may accept a TPS-related EAD with a March 9, 2018 expiration date, along with a copy of the January 18, 2018 Federal Register notice or a USCIS Form I-797C receipt notice indicating that the TPS-related EAD is automatically extended through September 5, 2018.

  This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.