• 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

Media mentions

Times Higher Education: UK Student Visa Applications Fall in October

Senior Manager Jonathan Hill discusses factors behind the decline in UK student visa applications, including recruitment restrictions, rising costs and changes to post-study work rights.

Learn more

Fragomen news

Comment on USCIS’s Proposed Rule to Eliminate Deference to Prior ApprovalsLearn more

Fragomen news

Fragomen Appoints Timo Heck as Managing Partner of DACH Region

Fragomen has appointed Timo Heck as Managing Partner of the DACH region, encompassing Germany, Austria and Switzerland.

Learn more

Awards

Fragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™

Eight professionals in Fragomen’s Mexico City office have been recognized in the 2027 edition of The Best Lawyers in Mexico™ for Immigration Law.

Learn more

Blog post

How Employers Can Support Integration and Retain International Talent in Germany

Senior Manager Katharina Vorländer explores how employers in Germany can look beyond the initial immigration process to support integration, long-term stability and the retention of international talent.

Learn more

Media mentions

Scottish Legal News: Scotland’s Investment Ambitions Depend on Workforce Readiness

Director Kelly Hardman explores why workforce planning is essential to Scotland’s investment ambitions and long-term economic growth.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Media mentions

Times Higher Education: UK Student Visa Applications Fall in October

Senior Manager Jonathan Hill discusses factors behind the decline in UK student visa applications, including recruitment restrictions, rising costs and changes to post-study work rights.

Learn more

Fragomen news

Comment on USCIS’s Proposed Rule to Eliminate Deference to Prior ApprovalsLearn more

Fragomen news

Fragomen Appoints Timo Heck as Managing Partner of DACH Region

Fragomen has appointed Timo Heck as Managing Partner of the DACH region, encompassing Germany, Austria and Switzerland.

Learn more

Awards

Fragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™

Eight professionals in Fragomen’s Mexico City office have been recognized in the 2027 edition of The Best Lawyers in Mexico™ for Immigration Law.

Learn more

Blog post

How Employers Can Support Integration and Retain International Talent in Germany

Senior Manager Katharina Vorländer explores how employers in Germany can look beyond the initial immigration process to support integration, long-term stability and the retention of international talent.

Learn more

Media mentions

Scottish Legal News: Scotland’s Investment Ambitions Depend on Workforce Readiness

Director Kelly Hardman explores why workforce planning is essential to Scotland’s investment ambitions and long-term economic growth.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

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 InsightsView 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
  • 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
November 12, 2026 | MexicoFragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™
November 13, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 13, 2026 | United KingdomTimes Higher Education: UK Student Visa Applications Fall in October
November 12, 2026 | United StatesComment on USCIS’s Proposed Rule to Eliminate Deference to Prior Approvals
November 12, 2026 | Austria, Germany, SwitzerlandFragomen Appoints Timo Heck as Managing Partner of DACH Region
November 12, 2026 | MexicoFragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™
November 13, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 13, 2026 | United KingdomTimes Higher Education: UK Student Visa Applications Fall in October
November 12, 2026 | United StatesComment on USCIS’s Proposed Rule to Eliminate Deference to Prior Approvals
November 12, 2026 | Austria, Germany, SwitzerlandFragomen Appoints Timo Heck as Managing Partner of DACH Region
November 12, 2026 | MexicoFragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™
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.