Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The Department of Homeland Security (DHS) has announced it is extending the designation of Somalia for Temporary Protected Status (TPS) for an additional 18 months, from September 18, 2012, to March 17, 2014. Eligible Somali nationals who currently have TPS status can re-register for TPS status from May 1, 2012, through July 2, 2012. In addition, Somali nationals who do not have TPS status may apply under the re-designation from May 1, 2012, through October 29, 2012. DHS’s most recent extension of TPS for Somalia is the eighth time it has been extended since 2001.
At the time of hire, TPS beneficiaries may present any combination of documents from the List of Acceptable Documents to complete Form I-9. Employees do not have to provide proof that they are a national of a country that has been designated for TPS. USCIS issues a Form I-766, Employment Authorization Document (EAD), to an individual who has been granted TPS. Although TPS status is not currently a path to permanent residency in the United States, it does allow an individual to obtain employment authorization for a temporary period.
While DHS occasionally issues an automatic extension of expiring EADs for TPS beneficiaries to allow time to issue EADs with new validity dates, DHS did not grant an automatic extension to Somali TPS holders, as it deemed sufficient time was available to issue new EADs.