Employment Law Blog

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Jun 19, 2012

Expired Temporary Protected Status card may still be valid for Form I-9

Immigration 

The Department of Homeland Security occasionally grants individuals from certain countries the right to work in the U.S. as Temporary Protected Status (TPS) workers, if there is an on-going armed conflict, environmental disaster or other extraordinary and temporary condition that prevents people from that country from safely returning to their homeland. The TPS country designation is valid for a limited time, but may be extended by DHS.

The Department of Homeland Security occasionally grants individuals from certain countries the right to work in the U.S. as Temporary Protected Status (TPS) workers, if there is an on-going armed conflict, environmental disaster or other extraordinary and temporary condition that prevents people from that country from safely returning to their homeland. The TPS country designation is valid for a limited time, but may be extended by DHS.
 
The employment authorization document (EAD) issued to TPS workers is a “List A” document that establishes both identity and employment authorization for the Form I-9.  The TPS card will state the expiration date of the most recent TPS extension period. However, even if a worker presents a TPS card after the expiration date printed on the card, it may remain unexpired based on an auto-extension of the EAD by DHS.  When DHS extends a specific TPS country designation, it issues a Federal Register notice and updates the TPS page on the USCIS website to explain the extension period, which is typically six months. 
 
Remember that the card must reasonably appear on its face to be genuine and to relate to the employee presenting it.  You should enter the document name, number, and expiration date in Section 2 under List A of Form I-9, and note the end of the auto-extension period. You cannot request that an employee provide proof that he or she is a national of a country that has been designated for TPS. When the automatic extension of the EAD expires, you must reverify the worker’s employment authorization. The employee may then choose to present an unexpired EAD, or any other document from List A or C of Form I-9, showing that he or she is still authorized to work in the United States.

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