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

On May 29, 2007, the CIS announced an eighteen-month extension of the Temporary Protected Status (“TPS”) designation for Honduras and Nicaragua.  The extension will expire on January 5, 2009.  The TPS re-registration period will end on July 30, 2007.   

Because many re-registrants will not receive their new EAD until after their current EAD expires on July 5, 2007, CIS has automatically extended these EADs for six months – until January 5, 2008.  Qualified individuals may present a TPS-approved EAD to their employer as evidence of both identity and employment authorization through January 5, 2008 if it bears the notation “A-12” or “C-19” on its face and either: 1) bears an expiration date of July 5, 2006, with an accompanying July 2007 extension sticker; or 2) bears an expiration date of July 31, 2007.   

Hondurans and Nicaraguans with TPS who re-register by the July 30, 2007 deadline will receive a notice from CIS with instructions on how to acquire a new EAD that will grant TPS employment authorization through January 5, 2009.  New EADs or extension stickers showing the January 5, 2008 expiration date of the six-month automatic extension will not be issued.   

Employers Verifying or Re-verifying Employment Eligibility:  

Employers of Honduran and Nicaraguan TPS beneficiaries whose EADs have automatically been extended as described above must accept these EADs through January 5, 2008.   

Notwithstanding the automatic extension of employment authorization for Honduran and Nicaraguan 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 re-verify the employment authorization of all Honduran and Nicaraguan employees whose I-9 Forms contain the EAD expiration date of either July 31, 2007 or July 5, 2006, with an accompanying July 2007 extension sticker. Employers must amend these I-9 Forms to indicate the new expiration date of January 5, 2008.  The re-verification of all I-9 Forms for Honduran and Nicaraguan employees must be completed no later than July 31, 2007.  Before January 5, 2008, employers must re-verify the employment authorization for all Honduran and Nicaraguan employees whose I-9 reflect the EAD expiration date of January 5, 2008 with documentation of an extension through January 5, 2009. 

If you have any questions or comments, please contact Lynda S. Zengerle at (202) 429-8170, lzengerle@steptoe.com.