• 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

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

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
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
October 30, 2026 | IrelandIreland: Short Stay Visa Waiver Programme Extended
October 30, 2026 | 🌐Minimum Salary Changes Announced
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
October 30, 2026 | IrelandIreland: Short Stay Visa Waiver Programme Extended
October 30, 2026 | 🌐Minimum Salary Changes Announced
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
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.