South Sudan TPS Re-Registration Period Opens

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At a glance

• Temporary Protected Status (TPS) for South Sudan is extended for 18 months, from May 3, 2019, through November 2, 2020.
• Current South Sudanese TPS beneficiaries have until June 4, 2019 to re-register to maintain status through November 2, 2020.
• Current South Sudanese TPS employment authorization documents with an expiration date of May 2, 2019 or November 2, 2017 will automatically be extended through October 29, 2019.

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The issue

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for South Sudan for 18 months, from May 3, 2019 through November 2, 2020. Current South Sudanese TPS beneficiaries will have 60 days, or until June 4, 2019, to request an 18-month extension of status and work authorization while they seek another immigration status or prepare to depart the country, according to a notice published in today’s Federal Register.

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 South Sudan.
• When to re-register: To obtain an 18-month extension of status, current South Sudanese TPS beneficiaries must submit Form I-821 with U.S. Citizenship & Immigration Services (USCIS) by June 4, 2019. Applicants need not pay the filing fee but may be required to pay the biometrics fee.
• Extending employment authorization: Beneficiaries who wish to extend their employment authorization for 18 months must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
• Automatic EAD extensions: DHS recognizes that not all re-registrants will be able to file and receive new EADs by May 2, 2019. Accordingly, DHS is providing an automatic 180-day extension, through October 29, 2019, for EADs bearing an expiration date of May 2, 2019 or November 2, 2017 (where an extension from the last re-registration period remains pending) and an A-12 or C-19 category.
• Beneficiaries with pending TPS applications: Beneficiaries who have a Form I-821 or a Form I-765 pending as of April 5, 2019, need not re-file the pending form. Approved applications will be granted validity dates through November 2, 2020.

I-9 eligibility verification

For Form I-9 employment eligibility verification purposes, through October 29, 2019, employers may accept a TPS-related EAD with an expiration date of May 2, 2019, or November 2, 2017 (for those who applied for a new EAD during the last re-registration period but have not yet received a new EAD), along with a copy of the April 5, 2019 Federal Register notice or a USCIS Form I-797C receipt notice indicating that the TPS-related EAD is automatically extended through October 29, 2019.

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