October 13, 2011

TPS for Sudan & The Republic of South Sudan +  I-9 Tips

The Department of Homeland Security (DHS) has designated the new Republic of South Sudan for Temporary Protective Status (TPS) beginning November 3, 201l, and has extended the TPS designation for Sudan beginning on that date as well -- both for eighteen months through May 2, 2013.

Current beneficiaries of TPS have been given an automatic six-month extension of their Employment Authorization Documents (EADs), and any individual who has a valid EAD pursuant to their Sudan-designated TPS will be covered by this automatic extension.

Individuals seeking to maintain their TPS must file their application packages during the 180-day registration period of October 13, 2011 through April 10, 2012. This six-month registration period is the same for both the TPS Sudan extension and the TPS designation for the Republic of South Sudan.

Where DHS has auto-extended the EAD as announced in a notice published in the Federal Register, an employer presented with a TPS-related EAD that on its face has expired, must still accept the documents as valid proof of work authorization, assuming of course that the card appears to be genuine on its face.  TPS-related EADs contain the notation "A-12" or "C-19" on the front of the card under "Category."  Furthermore, the EAD will contain the expiration date of the most recent TPS extension period on the front of the card.  This date will appear in the Federal Register notice announcing the auto-extension of EADs and may also be found in the TPS section of the USCIS website. It is important to look carefully at the EAD cards to ensure that they have not been altered in any way, however, at the same time, any document that appears facially valid should be accepted.

Employers presented with a TPS-related EAD must enter the document name, document number, and expiration date in Section 2, under "List A," noting the end of the auto-extension period.  Employers are not permitted to request that the employees provide additional documents proving that they are nationals of the country that has been designated for TPS.

Employers should take note that they must reverify the employee’s employment authorization upon the expiration of the EAD’s automatic extension. On reverification, the employee can choose to present an EAD that reflects an updated expiration date, or any other document from "List A" or "List C" of Form I-9 that demonstrates that he or she continues to be authorized to work in the United States.  The employer must complete Section 3 of the Form I-9 with the document name, document number and expiration date.

For more information on TPS for Sudan and the Republic of South Sudan, visit the USCIS website.