By: Dawn Lurie, Mia Batista, and Fanny Wong
On January 20, 2025, the Trump administration issued the Securing Our Borders executive order, citing national security, crime prevention, and the protection of American interests as justification for terminating categorical parole programs for certain Cubans, Haitians, Nicaraguans, and Venezuelans. Then
Continue Reading Venezuelan 2023 TPS and CHNV Parole Get the Axe—What Employers Need to KnowBy: Dawn Lurie, Olivia Scofield, and Isabella Cohen
This blog was updated from a Seyfarth Legal Alert published on January 16.
On January 10, 2025, the Department of Homeland Security (DHS) announced important changes that will benefit noncitizens who have applied for or currently hold Temporary Protected
Continue Reading Parting Gifts from the Biden Administration: TPS Extensions Ukraine, Venezuela, El Salvador, and SudanBy: Dawn M. Lurie and Greg Morano*
On March 1, 2019, the Department of Homeland Security (“DHS”) announced that it would continue to preserve the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador. As we have previously written, to comply with the federal court order in Ramos et al. v. Nielsen et al, DHS’s Federal Register Notice (“Notice”) yet again protects the TPS designation for each country and provides automatic extensions to existing work authorization documents. TPS and related documentation for Nicaragua, Sudan, Haiti, and El Salvador are now automatically extended through January 2, 2020.Continue Reading TPS Update: Last Minute Automatic Extensions For El Salvador and Three Other Countries
By: Dawn M. Lurie and Greg Morano*
Seyfarth Synopsis: On October 31, 2018, the Department of Homeland Security (“DHS”) announced that it would preserve the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador. To comply with the federal court order in Ramos et al. v. Nielsen et al, DHS’s Federal Register Notice (“Notice”) protects the TPS designation for each country and provides automatic extensions to existing work authorization documents. TPS and related documentation for Nicaragua and Sudan are now automatically extended through April 2, 2019. The TPS expiration dates for El Salvador and Haiti remain unchanged; September 9, 2019 for El Salvador and July 22, 2019 for Haiti.
TPS: What is the Status of the Program?
The Trump Administration attempted to terminate TPS for Sudan, Nicaragua, Haiti, and El Salvador. On October 3, 2018, a federal judge issued a preliminary injunction to prevent the termination of TPS and loss of work authorization for TPS beneficiaries. The court case is ongoing with DHS appealing the injunction order to a higher court.
If the court case is not fully resolved by the time a designated TPS is set to terminate, DHS will issue a Federal Register notice extending TPS documentation for nine months. This means that your employees will continue to work without interruption, but you will need to update Forms I-9 with the “Auto-Extensions”. For assistance with identifying automatically extended documents and executing the automatic extensions, see our prior post here.
If a higher court permits DHS to terminate TPS, the beneficiaries’ status will terminate either 120 days after the court order, or on the TPS termination date, whichever is later.
Seyfarth will continue to monitor the court case and provide updates.
Continue Reading DHS Complies With Court Order, Preserves TPS for Four Countries
By: Dawn M. Lurie and Greg Morano*
Seyfarth Synopsis: The US Citizenship and Immigration Services (USCIS) rules concerning auto extensions of employment authorization and Temporary Protected Status (TPS) can be confusing, and it is important employers know how to update Forms I-9 for TPS beneficiaries. We have previously reported on USCIS terminating TPS for El Salvador, Nicaragua, and Haiti while initially deferring a decision for Honduras. Since then, the government terminated TPS for Nepal on 05/22/2018 and for Honduras on 06/05/2018. The decision affects approximately 9,000 Nepalese foreign nationals and approximately 57,000 Honduran foreign nationals.
What Happened?
The Department of Homeland Security (DHS) has terminated TPS for Nepal and Honduras with delayed effective dates. For Honduras, TPS will terminate on January 5, 2020. For Nepal, TPS will terminate on June 24, 2019. This means that TPS recipients of the respective countries have until the above-mentioned dates to continue to live, and, if so authorized, work in the United States.Continue Reading TPS Terminations and the Form I-9
By: Dawn M. Lurie, Alexander Madrak and Greg Morano*
United States Citizenship and Immigration Services (USCIS) issued automatic extensions of Employment Authorization Documents (EADs) for Temporary Protected Status (TPS) beneficiaries from Nicaragua, Honduras, Haiti, and most recently, El Salvador. Employers should be prepared to recognize these automatically extended EADs and correctly handle the resulting influx of Form I-9 updates.
What’s the Latest on TPS?
While the government is back in business, the path to immigration reform seems as tumultuous as ever. The chances to reverse the termination of TPS are slim, and the impact is slowly beginning to sink in for TPS beneficiaries and employers alike. An Immigration Forum Fact Sheet on TPS notes: “Recent data estimate that TPS holders from El Salvador, Honduras, and Haiti contribute a combined $4.5 billion in pre-tax wages or salary income annually to our nation’s gross domestic product.”
What Do Employers Need to Know?Continue Reading Auto Extension Influx: Automatic Extension of El Salvador TPS EADs
By: Dawn M. Lurie and Alexander Madrak
With the recent slew of news from US Citizenship and Immigration Services (USCIS) concerning Temporary Protected Status (TPS), it is important employers know how to update Forms I-9 for TPS beneficiaries. Over the last several months, we reported on USCIS terminating TPS for El Salvador, Nicaragua, and Haiti while deferring a decision for Honduras. The debate in Congress surrounding the loss of status to almost 300,000 individuals continues to intensify. Employers are also affected by the phase out of TPS as they consider how to handle the TPS beneficiaries in their workforce, some of whom have been with companies for many years.Continue Reading More Form I-9 Confusion for Employers: TPS and Limited Automatic Extensions
By: Dawn M. Lurie
Seyfarth Synopsis: “ICE will enforce the law, and if you are found to be breaking the law, you will be held accountable.” Referring to Immigration and Customs Enforcement’s (ICE) early morning raids at nearly a hundred franchisee convenience stores across the nation, the ensuing public comments from agency officials confirm that 2018 will be a year of increased immigration enforcement. ICE investigations can result in the arrest of employers and employees and the imposition of large-scale fines; under the current Administration, though, it’s not only ICE that companies need to consider. Following the “Buy American, Hire American” Executive Order, a myriad of reinvigorated agencies that span all parts of the government have increased immigration-related oversight. Employers should proactively prioritize addressing immigration compliance. Continue Reading Following a Long Thaw, ICE Returns with Increased Worksite Enforcement
By: Dawn Lurie and Alexander Madrak
Seyfarth Synopsis: The Department of Homeland Security ends Temporary Protected Status for El Salvador, Nicaragua, and Haiti, affecting close to 300,000 individuals. Employers should be prepared to handle the influx of work authorization automatic extensions, expiring work authorizations, and other Form I-9 issues that may arise.
What Happened?
On Monday, January 8, 2018, Secretary of Homeland Security Kirstjen M. Nielsen announced the termination of Temporary Protected Status (TPS) for El Salvador. El Salvador’s TPS designation was set to expire on March 9, 2018, but Secretary Nielsen delayed termination for 18 months to September 9, 2019 in order to “provide for an orderly transition.” This decision affects an estimated 200,000 Salvadoran foreign nationals.
Similarly, Nicaragua’s TPS was set to expire on January 5, 2018, but was extended to January 5, 2019. The Department of Homeland Security (DHS) also previously announced the termination of TPS for Haiti. Haiti’s TPS termination was delayed for 18 months from the original expiration, with TPS now terminating on July 22, 2019. Together, these decisions affect an estimated 5,300 Nicaraguan and 59,000 Haitian foreign nationals.Continue Reading TPS Ending for El Salvador, Haiti & Nicaragua, and a Short Reprieve for Hondurans Still Waiting to Know Their Fate – Now What?