August 31, 2023

The Department of Homeland Security (DHS) recently extended and redesignated Temporary Protected Status (TPS) for Sudan. This decision will provide qualifying Sudanese beneficiaries an additional 18 months of TPS status from October 20, 2023, through April 19, 2025. In addition to protecting beneficiaries from removal, TPS will provide Sudanese beneficiaries with work authorization eligibility.

The extension and redesignation are due to ongoing political instability and violence in Sudan, preventing Sudanese nationals and habitual residents from safely returning. According to DHS Secretary Alejandro Mayorkas, “Since the military takeover of its government and the recent violent clashes, Sudan has experienced political instability and ongoing conflict that has resulted in a humanitarian crisis. Under this extension and redesignation, we will continue to offer safety and protection to Sudanese nationals until conditions in their home country improve.”

The extension of status will allow approximately 1,200 current beneficiaries to retain their TPS, should they remain qualified. According to the DHS, an estimated 2,750 additional individuals may become eligible to apply for TPS under the redesignation. Those who last habitually resided in Sudan and are in a non-immigrant status or without a lawful immigration status may also qualify for TPS.

First-time applicants for TPS may submit an Application for Temporary Protected Status (Form I-821) from August 21, 2023, through April 19, 2025. These individuals may also apply for Employment Authorization Documents (EADs) by completing and submitting an Application for Employment Authorization (Form I-765). Anyone acquiring EADs should know that the EAD classified as Form I-766 counts as List A documents. This classification means they establish an individual’s identity and work authorization for the employment eligibility verification (Form I-9) process.

Current beneficiaries must re-register during the 60 days between August 21, 2023, through October 20, 2023. Doing so maintains their status and employment authorization without a gap. The U.S. Citizenship and Immigration Services (USCIS) also announced it would automatically extend previously issued EADs until October 19, 2024. This action ensures that TPS holders and their employers do not encounter difficulties due to work authorization gaps. In addition, a Federal Register Notice will provide additional information concerning TPS beneficiaries. For example, it details how to use these extended EADs, register for new EADs, and renew expiring ones.

These changes can make it difficult for employers to comply with Form I-9 requirements. However, an electronic I-9 management tool can help by providing step-by-step guidance through the verification process. It also offers helpful reminders when further action is required to maintain compliance.

Make compliance less complicated for your business by automating your employment eligibility verification and ensuring compliance with I-9Compliance.

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