U.S.- El Salvador Agreement Results in 12-Month Extension of TPS Work Authorization

At a glance

• Work authorization for Salvadoran Temporary Protected Status beneficiaries will be extended through January 4, 2021 under the bilateral agreement.    
• The Administration has also agreed to provide Salvadoran TPS holders with at least 365 days to repatriate after the conclusion of lawsuits challenging its decision to terminate TPS for El Salvador and other countries. 
• U.S. Citizenship and Immigration Services is expected to provide further information on the work authorization extension.

The issue

Salvadoran Temporary Protected Status (TPS) beneficiaries will benefit from a one-year extension of work authorization, under an immigration agreement concluded between the United States and El Salvador today.  The U.S. government has also agreed to provide Salvadorans with at least 365 days to repatriate to their home country upon the conclusion of TPS-related lawsuits.

A closer look 

The Department of Homeland Security will extend Salvadoran TPS-related Employment Authorization Documents (EADs) for an additional 12 months, through January 4, 2021. In addition, after the conclusion of a lawsuit challenging its decision to terminate TPS for El Salvador and several other countries, Salvadoran TPS holders would receive an additional 365 days to repatriate.

In 2018, the Trump Administration announced plans to terminate TPS for El Salvador effective September 2019, along with plans to terminate TPS for Haiti, Honduras, Nepal, Nicaragua, and Sudan on various dates.  A federal challenge to the terminations for El Salvador, Haiti, Nicaragua and Sudan, Ramos v. Nielsen et al., was filed in March 2018, after which a federal judge temporarily enjoined the Administration from carrying out these terminations.  As part of that injunction, TPS benefits were automatically extended through January 2, 2020 for nationals of the four countries.  The lawsuit is ongoing, as is a similar lawsuit, Bhattarai et al. v Nielsen et al., which relates to the terminations for Honduras and Nepal.  Though today’s agreement does not affect TPS for Haiti, Honduras, Nepal, Nicaragua, or Sudan, benefits for nationals of those countries may be further extended as the lawsuits progress.

Looking ahead 

USCIS is expected to issue instructions on the extension of Salvadoran TPS EADs in the near future, including application procedures and Form I-9 employment eligibility verification instructions.  Fragomen will provide an update when this information becomes available.

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