• Insights

United States: DHS Extends TPS Status and Documentation Validity for Several Countries

September 9, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • The Department of Homeland Security will extend through December 31, 2022 the status and employment authorization documentation for TPS beneficiaries of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. The current expiration date for these groups is October 4, 2021.
  • TPS beneficiaries eligible for automatic EAD extensions to December 31, 2022 under the new announcement may complete or update their I-9 employment eligibility records by providing an employer with a copy of the Federal Register notice, an eligible expiring or expired TPS EAD, and any other required I-9 documents.
  • Haiti benefits from a subsequent, separate TPS designation announced in August 2021. The new Haiti designation extends through February 3, 2023, and all those eligible are encouraged to register, including those with Haitian TPS under the prior designation.

The issue

The Department of Homeland Security (DHS) will continue to preserve Temporary Protected Status (TPS) designations for nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan given that the Ninth Circuit Court of Appeals has not yet issued a directive that would allow the federal government to move forward with the termination of TPS for these countries. According to a Federal Register notice to be published on September 10, 2021, TPS status and employment authorization documentation for beneficiaries from these countries will be extended through December 31, 2022. They had been set to expire on October 4, 2021. 

Automatic extension of employment authorization and other TPS-related documents

Under the Federal Register notice, TPS Employment Authorization Documents (EADs) for nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan will be automatically extended through December 31, 2022, provided they meet certain registration and documentary requirements set forth in the Federal Register notice. A beneficiary from any of these countries who has applied for a new EAD under a prior extension, but who has not yet received the EAD, will be covered by the latest extension. 

Similarly, Forms I-94 and I-797 will also be extended through December 31, 2022, provided that the TPS beneficiary properly filed for re-registration during either the most recent DHS-announced registration period for his or her country, or any applicable previous registration, or has a re-registration application that remains pending. A TPS beneficiary whose application has been withdrawn or denied is not eligible for automatic extensions. 

Impact on status and work authorization

The notice also states the following regarding TPS-related documentation:

I-9 employment eligibility verification: TPS beneficiaries eligible for automatic EAD extensions may complete or update their I-9 employment eligibility records by providing an employer with a copy of the Federal Register notice, an eligible expiring or expired TPS EAD, and any other required I-9 documents. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD.

New EADs: While it is not necessary for TPS beneficiaries from the six countries to obtain a new EAD in order to benefit from the automatic EAD extension, they may do so by filing a Form I-765 (Application for Employment Authorization) with USCIS, along with the filing fee (or fee waiver request). 

Pending TPS and/or EAD applications: If a pending application is approved, approval notices and document expiration dates will reflect the latest expiration date of December 31, 2022. There is no need for a foreign national to file either application again in order to benefit from the extension.

DHS may announce periodic re-registration periods in the future as litigation continues or as the Ninth Circuit issues directives.

Background

On September 14, 2020, the Ninth Circuit Court of Appeals in Ramos v. Wolf ruled that the Department of Homeland Security may proceed with its long-planned termination of TPS designations for El Salvador, Haiti, Nicaragua and Sudan, vacating a lower court decision that had blocked the terminations while litigation continues. That decision also affected the TPS designations for Nepal and Honduras, as required by court order in a separate California district court case.

To date, however, the Ninth Circuit has not yet issued a directive to implement its September 14 order. The appeals court has refrained from doing so while plaintiffs seek a rehearing en banc. As such, DHS must continue to extend TPS status and work documentation for the affected countries pursuant to the lower court injunction.

Should the Ninth Circuit issue a directive to implement its September 14 decision permitting TPS termination, TPS benefits would terminate according to specific timelines for each country, none less than 120 days from the date of the directive. The TPS designation for Haiti, though included in the Ramos case, is also protected from termination under a separate injunction issued by a New York federal district court; benefits under that designation would only terminate if the New York injunction were also reversed.

TPS for Haiti

Recently and separately, DHS also issued a new designation for Haiti TPS effective from August 3, 2021 through February 3, 2023, based on current conditions in the country. Registration under the new designation is highly encouraged by DHS for those eligible – including for those currently holding Haiti TPS under the prior designation. Registration under the new Haiti designation could protect applicants from adverse court decisions in the pending lawsuits related to the prior designation.

In order to obtain TPS under the new Haiti designation, eligible individuals must apply before the close of the registration period on February 3, 2023.

What’s next for TPS

Prior to taking office, President Biden said that he intended to conduct an immediate review of the TPS programs upon taking office with the goal of preventing TPS beneficiaries from being forced to return to countries that are unsafe. Results of that review may have led to the new Haiti designation. Its impact on the remaining TPS countries is not yet known.

Fragomen is closely monitoring the status of TPS and will provide additional updates as developments occur.

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

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Article

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Fragomen on immigration

Business Immigration After the Midterms (Part 1): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

Learn more

Media mentions

Business Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.

Counsel Brian Hunt said employers quickly sought clarity after a USCIS memo on green card adjustment of status raised questions about immigration timelines, work continuity and travel planning.

Learn more

Awards

Fragomen named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia

Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.

Learn more

Media mentions

USA Today: USCIS Green Card Announcement Spurs Confusion. What to Know

Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.

Learn more

Article

Commonwealth Games 2026 Travel Planning: UK ETA Rules for Teams and Fans

Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.

Learn more

Media mentions

The Associated Press: Trump’s Latest Immigration Move Clouds the Path to Green Cards

Partner Kevin Miner discusses the expected impact of new USCIS green card guidance on employment-based immigration, noting dual-intent visa cases would likely continue under business as usual with no significant impact.

Learn more

Media mentions

The Wall Street Journal: What to Know About the Trump Administration’s New Green Card Policy

Partner K. Edward Raleigh discusses a recent USCIS memo that appears to signal greater caution in how adjudicators assess adjustment of status cases rather than establishing a new legal standard.

Learn more

Fragomen news

2026年5月 アメリカ移民法ダイジェストLearn more

Video

Germany Health Insurance Requirements for Visas: What You Need to Know

Senior Manager Sumejja Handzo outlines Germany’s health insurance requirements for visas and residence permits, including coverage options, documentation considerations and key compliance requirements for foreign nationals relocating to Germany.

Learn more

Media mentions

ABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?

Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.

Learn more

Article

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Fragomen on immigration

Business Immigration After the Midterms (Part 1): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

Learn more

Media mentions

Business Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.

Counsel Brian Hunt said employers quickly sought clarity after a USCIS memo on green card adjustment of status raised questions about immigration timelines, work continuity and travel planning.

Learn more

Awards

Fragomen named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia

Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.

Learn more

Media mentions

USA Today: USCIS Green Card Announcement Spurs Confusion. What to Know

Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.

Learn more

Article

Commonwealth Games 2026 Travel Planning: UK ETA Rules for Teams and Fans

Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.

Learn more

Media mentions

The Associated Press: Trump’s Latest Immigration Move Clouds the Path to Green Cards

Partner Kevin Miner discusses the expected impact of new USCIS green card guidance on employment-based immigration, noting dual-intent visa cases would likely continue under business as usual with no significant impact.

Learn more

Media mentions

The Wall Street Journal: What to Know About the Trump Administration’s New Green Card Policy

Partner K. Edward Raleigh discusses a recent USCIS memo that appears to signal greater caution in how adjudicators assess adjustment of status cases rather than establishing a new legal standard.

Learn more

Fragomen news

2026年5月 アメリカ移民法ダイジェストLearn more

Video

Germany Health Insurance Requirements for Visas: What You Need to Know

Senior Manager Sumejja Handzo outlines Germany’s health insurance requirements for visas and residence permits, including coverage options, documentation considerations and key compliance requirements for foreign nationals relocating to Germany.

Learn more

Media mentions

ABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?

Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
May 28, 2026 | United StatesBusiness Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.
May 29, 2026 | BermudaBermuda: New Work Permit Policy to Prolong Processing Times
May 29, 2026 | FranceFrance: EU Blue Card Rules Relaxed
May 29, 2026 | IrelandIreland: Occupation Lists Changes Published,“50:50” Rule Modification Proposed
May 29, 2026 | United Arab EmiratesThe National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages
May 28, 2026 | United StatesBusiness Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.
May 29, 2026 | BermudaBermuda: New Work Permit Policy to Prolong Processing Times
May 29, 2026 | FranceFrance: EU Blue Card Rules Relaxed
May 29, 2026 | IrelandIreland: Occupation Lists Changes Published,“50:50” Rule Modification Proposed
May 29, 2026 | United Arab EmiratesThe National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages
May 28, 2026 | United StatesBusiness Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.