South Sudan TPS Re-Registration Period Opens

The issue

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for South Sudan for 18 months, from November 3, 2020 through May 2, 2022. Starting today, current South Sudan TPS beneficiaries will have 60 days, or until January 4, 2021, 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 Sudan TPS beneficiaries must submit Form I-821 with U.S. Citizenship & Immigration Services (USCIS) by January 4, 2021. Though applicants need not pay the filing fee, a Biometrics Services fee will be required from those 14 years of age and older, unless eligible for a fee waiver. 
• 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 is providing an automatic 180-day extension, through May 1, 2021, for EADs bearing an expiration date of November 2, 2020 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 November 2, 2020, need not re-file the pending form. Approved applications will be granted validity dates through May 2, 2022. The USCIS website also provides special filing instructions for those previously registered for TPS under the Sudan designation who are now nationals of South Sudan and are re-registering as such.

I-9 eligibility verification

For Form I-9 employment eligibility verification purposes, through May 1, 2021, employers may accept a TPS-related EAD with an expiration date of November 2, 2020, along with a copy of the November 2, 2020 Federal Register notice or a USCIS Form I-797C receipt notice indicating that the TPS-related EAD is automatically extended through May 1, 2021.

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