On January 17, 2025, the last business day before the inauguration, the Department of Homeland Security (DHS) published Federal Register notices announcing that it was extending the Temporary Protected Status (TPS) designation of Ukraine (covered in our previous alert), El Salvador, Sudan, and Venezuela for 18 months due to conditions in each country that prevent individuals from safely returning.
TPS is a temporary immigration status granted to eligible nationals of the designated foreign state, or to eligible individuals without a nationality who last habitually resided in that country. During the extension period, TPS beneficiaries are eligible to remain in the United States and obtain work authorization, so long as they otherwise continue to meet the TPS requirements.
Extension for Current TPS Beneficiaries
The Notices extended each TPS designation for 18 months as follows:
- Ukraine – April 20, 2025 to October 19, 2026,
- El Salvador – March 10, 2025 to September 9, 2026,
- Sudan – April 20, 2025 to October 19, 2026, and
- Venezuela – April 3, 2025 to October 2, 2026.
The Notices set forth the procedures for each TPS holder to re-register for TPS and apply to renew their Employment Authorization Document (EAD) with United States Citizenship and Immigration Services (USCIS).
- Deadline for Re-Registration: The deadline for re-registration for existing beneficiaries varies for each country.
- Ukraine, El Salvador and Sudan each have a 60-day re-registration period from January 17, 2025 through March 18, 2025: and
- Venezuela has a longer registration period running from January 17, 2025 through September 10, 2025.
- TPS beneficiaries must file their re-registration and EAD applications within the above timeframes to maintain their TPS status and avoid gaps in work authorization. If the applicant meets all requirements, TPS will be extended through the designation date.
- Work Authorization: Given the time frames involved in processing TPS re-registration applications and related applications for employment authorization, DHS recognizes not all re-registrants for TPS will receive a new EAD before their current one expires.
Accordingly, DHS is automatically extending the validity of EADs issued under previous designations as follows:
- Ukraine – April 19, 2026,
- El Salvador – March 9, 2026,
- Sudan – April 19, 2026, and
- Venezuela – April 2, 2026.
Importantly, DHS noted in the Federal Register notices for these countries that that TPS beneficiaries may also be eligible for a longer automatic extension of up to 540 days (but not to exceed the designation date of each country) from the “Card Expires” date on the EAD if the I-765 EAD renewal application is timely submitted during the re-registration period. DHS also noted that many beneficiaries may be eligible for both types of extensions and that automatic extension periods run concurrently.
Pending and New Applications: DHS confirmed in the Federal Register Notices that that individuals from Ukraine, Venezuela, El Salvador and Sudan who have a pending Form I-821 and/or Form I-765 as of January 17, 2025 do not need to file either application again, and that the pending applications should be approved through the relevant designation date.
Travel Restrictions: TPS holders must secure Advance Parole from USCIS before they may travel outside the United States. Traveling abroad without this approval will result in the loss of TPS status or the denial of a pending application for TPS protections.
What Should Employers and TPS Holders Do?
- For Employers:
Employers must verify that their employees are work authorized using Form I-9 (Section 1 must be completed on the day of hire and Section 2 by the third day of employment), and reverify each I-9 on or before the current work authorization end date. Many employers set I-9 reverification reminders at least 120 days in advance of the reverification date to alert employees that they will need to provide updated evidence of employment authorization. Employers should also ensure that their I-9 forms are updated and in compliance with the automatic EAD extensions for TPS holders.- I-9 Compliance: Employers must update the I-9 forms for employees whose work authorization is expiring. Employers should make sure they do not inadvertently terminate or suspend employees whose work permits have been extended. The Federal Register notices for each country provide detailed guidance regarding work authorization and I-9s.
- For TPS Holders:
- Timely re-registration/request for EAD extension: If you are a TPS holder from one of the designated countries, it is essential to re-register and file a request for an EAD extension within the re-registration window to ensure that your status is extended without interruption.
- Work Authorization: Work authorization will be automatically extended as outlined above while you’re the new EAD application remains pending, allowing TPS holders to continue working legally in the U.S. While not required in every case, showing the relevant Federal Register Notice to your employer may assist them in reverifying and/or completing your I-9.
Conclusion
The recent extension of TPS for Ukraine, El Salvador, Sudan and Venezuela provides vital relief for those who cannot safely return. TPS holders should ensure they take the necessary steps to maintain their both TPS status and its accompanying work authorization.
For employers, it is important to remain vigilant regarding I-9 compliance responsibilities, especially as their TPS holders may need to present expired EADs or other acceptable documentation to demonstrate their on-going work authorization during the TPS re-registration process. If you or your employees are affected by this TPS extension, please do not hesitate to reach out for assistance with re-registration, work authorization renewals, or any other related questions.
Please contact your Klasko Law attorney with any questions regarding this client alert.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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