Global Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Immigration Counsel

By Shin-I Lowe

The Department of Homeland Security (DHS) has announced an extension of Temporary Protected Status (TPS) for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning January 6, 2012, and ending July 5, 2013. Eligible applicants must re-register during the 60-day re-registration period that runs from November 4, 2011 through January 5, 2012.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Honduran and Nicaraguan TPS beneficiaries who timely re-register will receive a new EAD with an expiration date of July 5, 2013. U.S. Citizenship and Immigration Services (USCIS) recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending the current TPS Honduras EAD bearing a January 6, 2012, expiration date for an additional six months, through July 5, 2012.

TPS is a temporary immigration status that allows eligible individuals to remain and legally work in the United States for a set time period. Information from DHS about completing an Application for Temporary Protected Status and other requirements relating to TPS are available at the TPS landing page.

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On August 16, 2011, President Obama issued a memorandum extending the September 30, 2011 expiration of Deferred Enforced Departure (DED) applicable to Liberians. The memorandum’s effect is to defer for 18 months the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who is under a grant of DED as of September 30, 2011.

Following the President’s action, U.S. Citizenship and Immigration Services (USCIS) announced a 6-month extension, through March 31, 2012, of employment authorization for qualifying Liberian nationals covered under DED. Qualifying individuals will be permitted to continue working as they file applications for new Employment Authorization Documents (EADs), which will cover the full 18 months of the DED extension.

Not all Liberians qualify under DED; for example:

• Liberians without Temporary Protected Status (TPS) on Sept. 30, 2007 are not covered under the current DED;
• certain criminals;
• persons subject to the mandatory bars to TPS; and
• other ineligible persons described in President Obama’s memorandum.

USCIS will publish in the Federal Register a notice with instructions on obtaining employment authorization for the remainder of the DED extension.

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U.S. Citizenship and Immigration Services (USCIS) Acting Director Michael Aytes issued a memorandum [PDF] responding to the CIS Ombudsman’s recommendations regarding processing delays for Employment Authorization Documents (EADs).  The CIS Ombudsman had recommended that USCIS:

• Adhere to regulations that state USCIS shall issue EADs within 90 days, or issue interim EADs to prevent unnecessary loss of employment;

• Expeditiously provide information to the public stating the cause of EAD processing delays and how the delays will be addressed;

• Provide consistent guidance to the public regarding EADs pending more than 90 days; and

• Reconsider Ombudsman recommendation FR2006-25 to issue multi-year EADs.

In his memo, prior to responding to each recommendation in detail, Aytes states: 

“We acknowledge that, unfortunately, there is a small percentage of applicants whose cases are not adjudicated timely, and we understand that this imposes a significant burden on them, but we respectfully disagree with the perception that EAD processing, as a whole, is a significant issue.”

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