Final Re-Registration Period Opens for Nicaragua TPS

Executive Summary

• Temporary Protected Status (TPS) for Nicaragua will expire on January 5, 2019.
• Current Nicaraguan TPS beneficiaries must re-register by February 13, 2018 in order maintain status through the program expiration date.
• Employment Authorization Documents that expire on January 5, 2018 will automatically be extended through March 6, 2018.

The situation

The Department of Homeland Security (DHS) will terminate the Temporary Protected Status (TPS) of Nicaragua on January 5, 2019. Current Nicaraguan TPS beneficiaries have until February 13, 2018 to request a final one-year extension of status and work authorization while they seek another immigration status or prepare to depart the country.

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 Nicaragua.
• When to re-register: In order to obtain a one-year extension of status, current Nicaraguan TPS beneficiaries must submit Form I-821 with U.S. Citizenship & Immigration Services by February 13, 2018.
• Extending employment authorization: Beneficiaries who wish to extend their employment authorization for one year must also submit a Form I-765 application for an Employment Authorization Document (EAD) by February 13, 2018.
• 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 January 5, 2018. Accordingly, DHS will automatically extend the validity of all EADs issued under the TPS designation of Nicaragua for sixty days, through March 6, 2018. Beneficiaries who timely request an EAD extension during the designated re-registration period will receive another automatic extension through July 4, 2018. Beneficiaries who fail to file for an EAD extension during the re-registration period will have their employment authorization terminated on March 6, 2018.

I-9 Eligibility Verification

For Form I-9 employment eligibility verification purposes, through March 6, 2018, employers may accept a TPS-related EAD with a January 5, 2018 expiration date, along with a copy of the December 15, 2017 Federal Register notice, explaining that the EAD was automatically extended for sixty days. To reverify employment authorization through July 4, 2018, employers may accept the same documents as well as Form I-797C receipt notice establishing the timely filing of an EAD extension.

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