October 12, 2010

USCIS Automatically Extends EAD Cards for TPS Re-Registrants from El Salvador, Honduras, and Nicaragua

U.S. Citizenship and Immigration Services (USCIS) announced last week that individuals from El Salvador, Honduras, and Nicaragua who have re-registered for Temporary Protected Status (TPS) may not receive their new Employment Authorization Documents (EADs) until early November 2010.

The Federal Register has automatically extended EADs for individuals from these countries. Employers should accept expired EAD cards from individuals with TPS status while the new cards are being produced, and record information from the card in Section 3 of the I-9 with a note stating that the individual's status has been automatically-extended by the Federal Register. As a best practice, employers may also attach a copy of the Federal Register notice announcing the automatic extension of the EAD cards. Employee work authorization must then be re-verified, and a new Section 3 only completed (on a new form), before the end of the auto-extension period listed in the Federal Register.