United States: USCIS Extends EAD Validity for Honduras, Nepal, and Nicaragua TPS Beneficiaries After Court Ruling, But Files an Appeal
January 9, 2026
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At a glance
- USCIS has auto-extended the employment authorization documents (EAD) for certain Honduras, Nepal, and Nicaragua TPS beneficiaries, according to the USCIS website.
- The agency announcement follows a recent federal district court order that vacated DHS terminations of TPS for these countries.
- USCIS has filed an appeal of the district court order.
The issue
U.S. Citizenship and Immigration Services (USCIS) is providing automatic extensions until further notice of certain Employment Authorization Documents (EAD) for beneficiaries of Honduras, Nepal, and Nicaragua Temporary Protected Status (TPS). The agency announced the auto-extensions on its website, citing a December 31, 2025 federal district court order that vacated DHS’s termination of TPS for these countries. The district court case is National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.).
EADs for Honduras, Nepal, and Nicaragua TPS beneficiaries are extended as follows:
- Honduras: EADs with an original expiration date of Jan. 5, 2018, Jan. 5, 2019, April 2, 2019, Jan. 2, 2020, Jan. 4, 2021, Oct. 4, 2021, Dec. 31, 2022, June 30, 2024, and July 5, 2025 are auto-extended.
- Nepal: EADs with an original expiration date of June 24, 2018, June 24, 2019, March 24, 2020, Jan. 4, 2021, Oct. 4, 2021, Dec. 31, 2022, June 30, 2024, and June 24, 2025, are auto-extended.
- Nicaragua: EADs with an original expiration date of Jan.5, 2018, Jan. 5, 2019, April 2, 2019, Jan. 2, 2020, Jan. 4, 2021, Oct. 4, 2021, Dec. 31, 2022, June 30, 2024, and July 5, 2025 are auto-extended.
The EADs are valid until further notice. USCIS has already filed an appeal of the district court order to the Ninth Circuit.
Depending on the course of the appeal, employers may have a short window for Form I-9 reverification and re-employment for affected beneficiaries. Neither the USCIS I-9 Central website nor the E-Verify website have been updated to reflect the EAD auto-extensions.
Fragomen is monitoring the litigation and will provide updates on further developments.
This alert is for informational purposes only. If you have any questions, please contact the firm’s Government Strategies and Compliance Group or the immigration professional with whom you work at Fragomen.
