October 18, 2023

The Department of Homeland Security (DHS) recently released a preview of a Federal Register notice concerning an 18-month Temporary Protected Status (TPS) extension. This extension applies to those from Venezuela and a separate re-designation of TPS for them.

This notice is just a preview, not an official publication. However, the public may view it and review the process for individuals to apply for TPS. It also provides instructions for renewing TPS and applying or renewing employment authorization documents (EADs).

This notice stems from an announcement by the Secretary of Homeland Security, Alejandro N. Mayorkas, on September 20, 2023. It extended and re-designated Venezuela for TPS status for 18 months. As such, Venezuelans could have extended TPS and corresponding EADs until September 10, 2025.

Qualifying individuals seeking to renew their TPS status and work authorization through this extension. To do so, they must re-register during the 60-day re-registration period. This period starts on January 10, 2024, and runs through March 10, 2024. Roughly 243,000 TPS holders may find registering for the extended TPS and EADs crucial. Doing so could allow them to retain their TPS and work authorizations.

Employers should note which TPS employees have submitted EADs with a Category of A-12 or C-19. If these EADs expire on March 10, 2024, or September 9, 2022, they must re-verify the employees’ work authorizations. They should also note that the Federal Register notice will automatically extend these EADs through March 10, 2025.

As such, employees holding these EADs may present them as List A documents in the employment eligibility verification (Form I-9) process. List A documents prove an employee’s identity and work authorization without further documentation. However, the EADs will not qualify for withdrawn or denied TPS.

Employers should verify the documentation by checking the Category code and card expiration date. Once verified, they should update the EAD expiration date in Section 2 of the Form I-9. However, employees may present different documentation to satisfy the Form I-9’s requirements.

For qualified individuals without current TPS, the initial registration period will run from October 3, 2023, through April 2, 2025. During this period, individuals may submit an Application for Temporary Protected Status (Form I-821). They may also submit an Application for Employment Authorization (Form I-765) together or separately.

The DHS has scheduled the Federal Register notice’s publication on October 3, 2023. This notice is a stark reminder that employers must stay updated to comply with I-9 regulations. One way to maintain compliance is by using an I-9 management tool. This tool guides personnel through every step, provides secure storage of forms and related documents, and reminders of when to take action.

Interested in automating your employment eligibility verification? Ensure compliance today with I-9Compliance.

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