Related Practices

Immigration Law Advisory- Extension of Work Authorization for TPS Recipients from Honduras, Nicaragua, and El Salvador

June 19, 2006

Honduras and Nicaragua
On March 31, 2006, the CIS announced a twelve-month extension of the TPS designation for Honduras and Nicaragua. The extension will expire on July 5, 2007. The re-registration period ended June 1, 2006.

Because many re-registrants will not receive their TPS extension sticker or EAD until after their current EAD expires on July 5, 2006, CIS has automatically extended these EADs for six months -- until January 5, 2007. Qualified individuals who received a six-month extension of their EADs may present a TPS-approved EAD (bearing the notation “A-12,” or “C-19.”) to their employer as evidence of both identity and employment authorization until January 5, 2007.

Hondurans and Nicaraguans with TPS who re-registered and had an extension sticker extending validity to July 2007 affixed to their current EAD at the Application Support Center or who received a new EAD from CIS will have TPS employment authorization through July 31, 2007.
Hondurans and Nicaraguans with TPS who have re-registered and NOT received their TPS extension sticker or EADs will have TPS-approved EADs with an expiration date of July 5, 2006. These EADs will be valid until January 5, 2007.

Employers Verifying or Reverifying Employment Eligibility:

Employers of Nicaraguan and Honduran TPS beneficiaries whose EADs have automatically been extended must accept an EAD which indicates an expiration date of July 5, 2006 and which bears the notation “A-12” or “C-19” on the face of the card under “Category.” These EADs authorize employment through January 5, 2007. New EADs or extension stickers showing the January 5, 2007 expiration date of the six-month automatic extension will not be issued.
Notwithstanding the automatic extension of employment authorization for Nicaraguan and Honduran TPS beneficiaries, the laws requiring employment eligibility verification and prohibiting unfair immigration-related employment practices remain in full force. The automatic extension does not supersede or in any way limit applicable employment verification rules and policy guidance, including those setting forth re-verification requirements at 8 CFR 274a.2(b)(1)(vii):

If an individual's employment authorization expires, the employer, recruiter or referrer for a fee must reverify on the Form I-9 to reflect that the individual is still authorized to work in the United States; otherwise the individual may no longer be employed, recruited, or referred. Reverification on the Form I-9 must occur not later than the date work authorization expires. In order to reverify on the Form I-9, the employee or referred individual must present a document that either shows continuing employment eligibility or is a new grant of work authorization. The employer or the recruiter or referrer for a fee must review this document, and if it appears to be genuine and to relate to the individual, reverify by noting the document's identification number and expiration date on the Form I-9.

Employers are required to reverify the employment authorization of all Nicaraguan and Honduran employees whose I-9 Forms contain the EAD expiration date of July 5, 2006 and must amend the I-9 to indicate the new expiration date of either January 5, 2007 or July 31, 2007. The reverification of all I-9 Forms for Nicaraguan and Honduran employees must be completed no later than July 5, 2006.
Employers must reverify the employment authorization of all Nicaraguan and Honduran employees whose I-9 Forms were completed with the January 5, 2007 expiration date no later than that expiration date.

El Salvador
On February 23, 2006, the CIS granted a twelve-month extension of TPS for eligible Salvadoran nationals. The automatic extension becomes effective on September 9, 2006 and will expire on September 9, 2007. On June 15, 2006, CIS published a notice in the Federal Register announcing the 12-month extension of TPS for Salvadoran nationals and the 60-day re-registration period to begin July 3, 2006 and end September 1, 2006.

Because many re-registrants will not receive their TPS extension sticker or EAD until after their current EAD expires on September 9, 2006, CIS has automatically extended these EADs for six months -- until March 9, 2007. Qualified individuals who received a six-month extension of their EADs may present a TPS-approved EAD (bearing the notation “A-12,” or “C-19.”) to their employer as evidence of both identity and employment authorization until March 9, 2007.
Salvadorans with TPS who re-register and have an extension sticker extending validity to September 2007 affixed to their current EAD at the Application Support Center or who received a new EAD from CIS will have TPS employment authorization through September 30, 2007.
Salvadorans with TPS who re-register and do NOT receive their TPS extension sticker or EAD will have a TPS-approved EAD with an expiration date of September 9, 2006. These EADs will be valid until March 9, 2007.

Employers Verifying or Reverifying Employment Eligibility:

Employers of Salvadoran TPS beneficiaries whose EADs have automatically been extended must accept an EAD indicating an expiration date of September 9, 2006 and which bears the notation “A-12” or “C-19” on the face of the card under “Category.” These EADs authorize employment through March 9, 2007. New EADs or extension stickers showing the March 9, 2007 expiration date of the six-month automatic extension will not be issued.
- Employers are required to reverify the employment authorization of all Salvadoran employees whose I-9 Forms contain the EAD expiration date of September 9, 2006 and must amend the I-9 to indicate the new expiration date of either March 9, 2007 or September 30, 2007. The reverification of all I-9 Forms for Salvadoran employees must be completed no later than September 9, 2006.
- Employers must reverify the employment authorization of all Salvadoran employees whose I-9 Forms were completed with the March 9, 2007 expiration date no later than that expiration date.

For more information on this topic, please contact the authors or the attorneys with whom you usually work at Steptoe.

Questions and comments about the Immigration Law Advisory are always welcome and should be sent to lzengerle@steptoe.com or jclaxton@steptoe.com.