PUBLICATIONS

Immigration Legal Alert: DHS Extends Temporary Protected Status For El Salvador

Date   Aug 27, 2007

The Department of Homeland Security (DHS) has extended the designation of El Salvador for Temporary Protected Status (TPS) from September 9, 2007 to March 9, 2009.

 

The Department of Homeland Security (DHS) has extended the designation of El Salvador for Temporary Protected Status (TPS) from September 9, 2007 to March 9, 2009. In order to benefit from the eighteen-month extension, nationals of El Salvador, or those for whom El Salvador was the last place of residence, who previously have been granted TPS and work authorization (i.e. an Employment Authorization Document (EAD)) on that basis must re-register for TPS during the sixty-day re-registration period. The re-registration period lasts from August 21, 2007 through October 22, 2007. Individuals for whom re-registration is ultimately approved will receive new EADs indicating an expiration date of March 9, 2009.

In order to avoid a lapse in employment authorization while re-registration applications are being processed, DHS has also provided for an automatic six-month extension of certain TPS-designated EADs until March 9, 2008. Specifically, the El Salvadoran EADs that will be extended automatically for six months will have the following identifiers:

Annotation of “A-12” or “C-19” on the card under “Category”

AND EITHER

An expiration date of July 5, 2006 or September 9, 2006 and a September 2007 DHS-issued extension sticker on the back

OR

An expiration date of September 30, 2007.

At the end of the automatic six-month extension period, on March 9, 2008, employers must re-verify the employment authorization of employees who benefited from the automatic EAD extension to confirm that these individuals have in fact received ongoing work authorization. An employer must terminate any affected employee who is unable to present evidence of ongoing work eligibility upon re-verification.

If you have any questions regarding this issue or other business immigration issues, please contact Geetha Nadiminti, gnadiminti@fordharrison.com, 404-888-3940 or any member of Ford & Harrison’s Business Immigration Practice Group.