On Nov. 10, 2022, the Department of Homeland Security (DHS) posted a Federal Register Notice announcing the continuation of Temporary Protected Status (TPS) and certain related documents for beneficiaries under the TPS designations that remain subject to the court orders in the Ramos et al. v. Nielsen and Bhattarai et al. v. Nielsen et al. lawsuits.
TPS beneficiaries under the designations for El Salvador, Honduras, Nicaragua, and Nepal, as well as the 2011 Haiti designation and the 2013 Sudan designation will retain their TPS while the preliminary injunction in Ramos and the stay of proceedings order in Bhattarai remain in effect, provided they continue to meet all the individual requirements for TPS eligibility. The automatic extension of TPS-related documentation includes specified Employment Authorization Documents (EADs) through June 30, 2024.
This extension ensures continued compliance with orders issued by federal district courts in the Ramos and Bhattarai lawsuits. These current beneficiaries do not need to pay a fee or file any application to maintain their TPS and have their TPS-related documentation automatically extended.
Beneficiaries who want a new EAD with the expiration date of June 30, 2024, displayed on the EAD must file Form I-765, Application for Employment Authorization, along with the filing fee or a fee waiver. The Federal Register Notice explains how TPS beneficiaries, their employers and benefit-granting agencies may determine which EADs are automatically extended for the beneficiaries.
Individuals who were newly granted TPS under the 2021 TPS designation of Haiti or the 2022 TPS designation of Sudan, but who did not have TPS under the 2011 Haiti designation or the 2013 Sudan designation, are not covered by this litigation compliance notice. Their TPS grants remain valid in accordance with their individual notices of approval from USCIS. In order to receive TPS under the new Haiti or Sudan designations, eligible individuals must apply before the close of the registration periods on Feb. 3, 2023, and Oct. 19, 2023, respectively.
DHS has published regular notices to ensure its continued compliance with the Ramos and Bhattarai court orders since issuance of those orders. DHS last published a Federal Register Notice to ensure its continued compliance with these combined court orders on Sept. 10, 2021. That notice again continued TPS and extended certain TPS-related documentation through Dec. 31, 2022, for all eligible TPS beneficiaries covered by the courts’ orders.