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Extension of Work Authorization for Temporary Protected Status (TPS) and Delayed Enforced Departure (DED)

The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases:

  • Are not removable from the United States
  • Can obtain an employment authorization document (EAD)
  • May be granted travel authorization

Additionally, upon the expiration of a TPS designation, the President of the United States may grant Delayed Enforced Departure (DED) to TPS beneficiaries.

Individuals with TPS and DED may possess an Employment Authorization Document (EAD). In recent years, the Department of Homeland Security (DHS) has issued automatic extensions of employment authorization for TPS and DED recipients from certain countries to allow sufficient time to process applications for EADs. The auto-extension is typically for six months, but the time period can vary. Employers must accept a TPS or DED-related EAD that is expired on its face if it nevertheless remains unexpired based on an auto-extension of the EAD by DHS as announced in a notice published in the Federal Register. Note that individuals may choose to present other documents from the List of Acceptable Documents for initial Form I-9 verification or for Form I-9 reverification purposes.

For general information about TPS, please visit the United States Citizenship and Immigration Services (USCIS) website: http://www.uscis.gov/tps.

For guidance on how to avoid unlawful discrimination during the automatic extension of TPS/DED EADs, please click here, or review OSC's TPS in a Nutshell: What Employers Need To Know video.

Information About TPS/DED Designations

El Salvador

The Department of Homeland Security (DHS) granted TPS to individuals from El Salvador due to a series of earthquakes occurring in 2001. Individuals with Salvadoran TPS will typically possess an EAD valid until either March 9 or September 9 (depending on the calendar year) but they may choose to present other documents from the List of Acceptable Documents for the Form I-9 process.

For more information, please visit the USCIS TPS webpage for El Salvador.

Haiti

The Department of Homeland Security (DHS) granted TPS to individuals from Haiti in 2010 due to the effects of the earthquake that year. Individuals with Haitian TPS will typically possess an EAD valid until either January 22 or July 22 (depending on the calendar year) but they may choose to present other documents from the List of Acceptable Documents for the Form I-9 process.

For more information, please visit USCIS's TPS Webpage for Haiti.

Honduras and Nicaragua

The Department of Homeland Security (DHS) granted TPS in 1999 to individuals from Honduras and Nicaragua due to the effects of Hurricane Mitch. Individuals with Honduran or Nicaraguan TPS will typically possess an EAD valid until either January 5 or July 5 (depending on the calendar year) but they may choose to present other documents from the List of Acceptable Documents for the Form I-9 process.

For more information, please visit the USCIS TPS webpages for Honduras and Nicaragua.

Liberia

The President of the United States granted Deferred Enforced Departure (DED) in 2007 to individuals from Liberia after the termination of Liberian TPS. Individuals with DED from Liberia will typically possess an EAD valid until either March 31 or September 31 (depending on the calendar year) but they may choose to present other documents from the List of Acceptable Documents for the Form I-9 process.

For more information, please visit the USCIS DED webpages Liberia and Deferred Enforced Departure Extended for Liberians Questions and Answers.

Somalia

The Department of Homeland Security (DHS) granted TPS in 1991 to individuals from Somalia due to ongoing armed conflict within the country. Individuals with TPS from Somalia will typically possess an EAD valid until either March 17 or September 17 (depending on the calendar year) but they may choose to present other documents from the List of Acceptable Documents for the Form I-9 process.

For more information, please visit the USCIS TPS Webpage for Somalia.

Sudan and South Sudan

The Department of Homeland Security (DHS) granted TPS in 1997 to individuals from Sudan, and granted TPS in 2011 to individuals from South Sudan due to the ongoing armed conflict within the countries. Individuals with TPS from Sudan or South Sudan will typically possess an EAD valid until either May 2 or November 2 (depending on the calendar year) but they may choose to present other documents from the List of Acceptable Documents for the Form I-9 process.

For more information please visit: TPS Designated Country-Sudan and TPS Designated Country-South Sudan.

Syrian Arab Republic (Syria)

The Department of Homeland Security (DHS) granted TPS in 2012 to individuals from the Syrian Arab Republic (Syria) due to ongoing armed conflict. Individuals with TPS from Syria will typically possess an EAD valid until either March 29 or September 29 (depending on the calendar year) but they may choose to present other documents from the List of Acceptable Documents for the Form I-9 process.

For more information, please visit USCIS's TPS Webpage for Syria.

For other OSC information or for direct assistance, please contact OSC's anonymous worker or employer hotlines (language interpretation available) Monday-Friday, 9am-5pm ET:

Worker Hotline: 1-800-255-7688
Employer Hotline: 1-800-255-8155
TTY: 1-800-237-2515


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Updated: January 2014
General Information Office of Special Counsel for Immigration-related Unfair Employment Practices
 
Leadership
(currently vacant)
Special Counsel
Alberto Ruisanchez
Acting Deputy Special Counsel
Contact
Office of Special Counsel for Immigration-Related Unfair Employment Practices
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
OSC, NYA 9000
Washington, D.C. 20530
(202) 616-5594
Worker Hotline: 1-800-255-7688
Employer Hotline: 1-800-255-8155
Teletypewriter (TTY) (202) 616-5525 & 1-800-237-2515
Fax: (202) 616-5509
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