Important Updates
Important Updates
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
June 13, 2025 | Ghana, MoroccoGhana / Morocco: Bilateral Visa Waiver Agreement Implemented
June 13, 2025 | ArgentinaGlobal Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar
June 13, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 13, 2025 | Belgium, Netherlands, United KingdomVRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
June 13, 2025 | Ghana, MoroccoGhana / Morocco: Bilateral Visa Waiver Agreement Implemented
June 13, 2025 | ArgentinaGlobal Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar
June 13, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 13, 2025 | Belgium, Netherlands, United KingdomVRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • 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

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

DHS Extends TPS Status and Documentation Validity for Several Countries

December 8, 2020

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 October 4, 2021 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 January 4, 2021.
  • In September, the Ninth Circuit Court of Appeals ruled that the Trump Administration may terminate TPS designations for El Salvador, Haiti, Nicaragua and Sudan – and in effect, also Nepal and Honduras. However, the appellate court has not yet issued a directive to implement its order, so the lower court injunction on terminating TPS for these countries remains in place at least temporarily. 
  • Should the Ninth Circuit issue a directive to implement its September order, the TPS designations will be terminated according to the order’s timelines, unless the Biden Administration reverses course next year, which it has signaled it may do.

The issue

The Department of Homeland Security 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 an anticipated 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 December 9, 2020, TPS status and employment authorization documentation for beneficiaries from these countries, which had been set to expire on January 4, 2021, will be extended through 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 October 4, 2021, 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 October 4, 2021, 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 DHS-announced registration period of his or her country, 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 October 4, 2021. 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, 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. As such, DHS must continue to extend TPS status and work documentation for the affected countries pursuant to the lower court injunction.

Possible implementation of the September 14 Ninth Circuit decision

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 protected from termination under a separate injunction issued by a New York federal district court.

What’s next for TPS

DHS is expected to continue to pursue its TPS terminations for the above countries in the remaining days of the Trump Administration. However, President-elect Joseph Biden has said that he intends 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.

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

Germany’s Police Clearance Certificate in 2025: Updated Apostille and Certification Process

In this blog, Maja Sugui and Priyanka Gadekar explain how to obtain a Police Clearance Certificate in Germany, and the changes for the apostille and final certification request in 2025.

Learn more

Media mentions

Global Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar

Country Manager María Inés Menvielle outlines Argentina’s updated immigration rules and their implications for business and foreign talent.

Learn more

Media mentions

VRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen

Client Engagement Manager Soraya Driessen explains how recent or serious convictions may affect UK ETA approval and what options are available to applicants.

Learn more

Media mentions

fDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent

Partner Mark Buchanan says governments across Asia-Pacific are tightening visa rules while supporting key industries vital to economic growth.

Learn more

Media mentions

Frankfurt Managing Partner Axel Boysen Recognized in The Best Lawyers™ Germany 2026

Frankfurt Managing Partner Axel Boysen is recognized in the 2026 edition of The Best Lawyers™ in Germany.

Learn more

Media mentions

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

Blog post

Germany’s Police Clearance Certificate in 2025: Updated Apostille and Certification Process

In this blog, Maja Sugui and Priyanka Gadekar explain how to obtain a Police Clearance Certificate in Germany, and the changes for the apostille and final certification request in 2025.

Learn more

Media mentions

Global Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar

Country Manager María Inés Menvielle outlines Argentina’s updated immigration rules and their implications for business and foreign talent.

Learn more

Media mentions

VRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen

Client Engagement Manager Soraya Driessen explains how recent or serious convictions may affect UK ETA approval and what options are available to applicants.

Learn more

Media mentions

fDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent

Partner Mark Buchanan says governments across Asia-Pacific are tightening visa rules while supporting key industries vital to economic growth.

Learn more

Media mentions

Frankfurt Managing Partner Axel Boysen Recognized in The Best Lawyers™ Germany 2026

Frankfurt Managing Partner Axel Boysen is recognized in the 2026 edition of The Best Lawyers™ in Germany.

Learn more

Media mentions

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.