DHS is automatically extending TPS Employment Authorization Documents (EADs) validity listed for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan through January 4, 2021. These EADs should have category code of A-12 or C-19. Read the automatic extension notice here.
What is TPS?
TPS is a temporary immigration benefit for certain countries suffering from on-going armed conflict, environmental disaster, or other extraordinary and temporary conditions. It allows qualified individuals in the U.S. to stay here for a limited time period as ordered by the President.
What are my rights at work?
Persons covered by TPS can receive the Employment Authorization Documents (EAD). TPS workers, like everyone else, have the right to provide their choice of valid documentation to demonstrate their identity and work authorization. An employer that treats TPS workers differently in the employment eligibility verification process (Form I-9 and E-Verify) based on the worker’s citizenship status or national origin may violate anti-discrimination laws.
When the government extends a country’s TPS, USCIS sometimes issues a blanket extension of all expiring EADs for that country, to allow time for USCIS to issue new EADs. Such extension can be found here. If USCIS automatically extends your EAD, you do not have to show an I-797C with your EAD to keep working. An employer should not ask for additional documentation to prove employment eligibility.
If the government does not issue a blanket extension for TPS EADs, a TPS worker can apply for a renewal EAD, the worker can present the current TPS EAD with the I-797C receipt notice showing that USCIS received the EAD renewal application. This document combination is valid for 180 days after the original EAD expiration date, and are valid for employment eligibility verification purposes.