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The Department of Homeland Security announced the extension of
TPS Designation for Haitian nationals for a period of 18 months
from January 23, 2013 through July 22, 2014. The Federal Register notice
issued on October 1, 2012, also automatically extends the validity
of Employment Authorization Documents (EADs) issued under the TPS
designation for Haiti for six months, from January 22, 2013 through
July 22, 2013. The
re-registration period for current TPS beneficiaries begins October
1, 2012 and will remain in effect until November 30, 2012.
Temporary
Protected Status ("TPS") is an immigration benefit
conferred to individuals in the U.S. who are nationals of a country
(or persons without nationality who last habitually resided in such
county) that has been undergoing armed conflict, environmental
disaster, or other extraordinary and temporary conditions that
would prevent
citizens from safely returning to their homeland. TPS is granted for
time-limited periods depending on the length of country
designation. Those
eligible for TPS are eligible to apply for work authorization in
the U.S. Once an
individual is granted TPS, they cannot be detained by DHS based on
their immigration status; however, those granted TPS may still
apply for nonimmigrant status, file for adjustment of status based
on an immigrant petition, and apply for any other immigrant
benefits for which they may be eligible. TPS beneficiaries may also
apply for travel authorization.
Registering for TPS: To register for TPS,
individuals are required to file Form I-821, Application for
Temporary Protected Status and Form I-765, Application for
Employment Authorization (must be filed even if you do not want
work authorization).
When filing a TPS application, individuals must be able to
demonstrate their identity and nationality, date of entry, and
evidence of
continuous residence in the US.. Fee waivers are available
for eligible individuals who are unable to afford the costs
associated with filing. Additional information can be found at the
Fee Waiver Guidance Web page. Once an individual is
granted TPS, they are required to re-register during each
re-registration period to maintain their TPS benefits.
Completing I-9s for Haitian TPS Holders: TPS
beneficiaries are required to attest to their valid U.S. work
authorization using Employment Eligibility Verification, Form
I-9. The EAD issued to
TPS beneficiaries is an acceptable document as it establishes both
identity and employment authorization under "List
A". Based upon
the Federal Register
notice, EADs with an expiration date of January 22, 2013, that
indicate category "A-12" or "C-19" have been
automatically extended for a six month period. When completing Form I-9,
employers should enter the document name, number, and expiration
date in Section 2 under List A, noting the end of the
auto-extension period.
To re-verify the employee's employment authorization when the
automatic extension of the EAD expires, employers are required to
complete Section 3 of Form I-9. Employers that participate
in E-Verify, may confirm the employment authorization of a new hire TPS beneficiary
by submitting the required information from Form I-9 to E-Verify;
however, E-Verify cannot be used to confirm employment
authorization of current employees. Employers should complete
only the re-verification required in Section 3 of Form I-9.
This article is for general information and does not include
full legal analysis of the matters presented. It should not be
construed or relied upon as legal advice or legal opinion on any
specific facts or circumstances. The description of the results of
any specific case or transaction contained herein does not mean or
suggest that similar results can or could be obtained in any other
matter. Each legal matter should be considered to be unique and
subject to varying results. The invitation to contact the authors
or attorneys in our firm is not a solicitation to provide
professional services and should not be construed as a statement as
to any availability to perform legal services in any jurisdiction
in which such attorney is not permitted to practice.
Duane Morris LLP, a full-service law firm with more than 700
attorneys in 24 offices in the United States and internationally,
offers innovative solutions to the legal and business challenges
presented by today's evolving global markets. Duane Morris LLP,
a full-service law firm with more than 700 attorneys in 24 offices
in the United States and internationally, offers innovative
solutions to the legal and business challenges presented by
today's evolving global markets. The
Duane Morris Institute provides training workshops for HR
professionals, in-house counsel, benefits administrators and senior
managers.
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On March 8, United States Citizenship and Immigration Services (USCIS) issued a revised Form I-9, Employment Eligibility Verification, bearing an edition date of March 8, 2013, for immediate use by employers.
EB-2 category for all chargeable areas other than China and India remains current, with some considerable forward movement but continued backlog in the EB-3 category.
A bipartisan group of eight U.S. senators has introduced the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, an 844-page bill that aims to bolster border security and seeks to provide some of the nation's 11 million undocumented people with a path to citizenship.
The White House Immigration Action Newsletter - March 2013 (Video Content)
