Perspective: Kirton McConkie Law Blog

U.S. Citizenship and Immigration Services publishes an extension of Temporary Protected Status

On May 16, 2016, U.S. Citizenship and Immigration Services (USCIS) published an extension of Temporary Protected Status (TPS) for eligible nationals of Nicaragua and those without nationality who last habitually resided in Nicaragua for an additional 18 months, effective July 6, 2016 through January 5, 2018.  

Below are portions of USCIS’ announcement directed to TPS Nicaragua beneficiaries and their employers.

Current TPS Nicaragua beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from May 16, 2016 through July 15, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. 

The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Those who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Jan. 5, 2018. USCIS recognizes that some re-registrants may not receive their new EAD until after their current work permits expire. Therefore, we are automatically extending current TPS Nicaragua EADs with a July 5, 2016 expiration date for six months. These existing EADs are now valid through Jan. 5, 2017.

When re-verifying I-9 forms for TPS Nicaragua beneficiaries’ expiring EADs, employers must follow the guidance published in USCIS’ M-274, Handbook for Employers: Guidance for Completing Form I-9 (Employment Eligibility Verification Form), available online here, for TPS beneficiaries whose EADs are extended by USCIS.