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Fact Sheet: Temporary Protected Status El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
Posted on Nov 28 2022
This ILCM fact sheet is current as of November 16, 2022. This is not legal advice.
December 6, 2022 UPDATE: The Department of Homeland Security (DHS) announced the extension and redesignation of Haiti for TPS for 18 months from February 4, 2023, through August 3, 2024. Those individuals who have already been residing in the United States as of November 6, 2022, will be eligible for TPS under Haiti’s redesignation. DHS will publish a Federal Register notice that will explain the procedure to (re)register.
Printable PDF version of this fact sheet.
On November 10, 2022, the Department of Homeland Security (DHS) posted a Federal Register Notice announcing that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remain in effect, provided they remain individually eligible for TPS. Their Employment Authorization Documents (EAD) are auto-extended through June 30, 2024.
| Country | Status of TPS | Current End Date |
|
El Salvador |
Extended by DHS on Nov. 10, 2022 | As long as the preliminary injunction in Ramos remains in effect. |
|
Haiti |
|
|
|
Honduras |
Extended by DHS on Nov. 10, 2022 |
As long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect. |
|
Nepal |
Extended by DHS on Nov. 10, 2022 |
As long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect. |
|
Nicaragua |
Extended by DHS on Nov. 10, 2022 |
As long as the preliminary injunction in Ramos remains in effect. |
|
Sudan |
|
|
What is temporary protected status (TPS)?
TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.
During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.
What does the extension of TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan mean?
This extension enables current beneficiaries of the designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation to maintain certain valid TPS documentation.
TPS holders from Haiti or Sudan may also apply under the more recent designations of Haiti and Sudan in 2021 and 2022, respectively, and if granted, will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction.
This notice automatically extends the validity of TPS-related Employment Authorization Documents (EADs); Notices of Action (Forms I-797); and Arrival/Departure Records (Forms I-94), (collectively “TPS-related documentation”) for those beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.
Who is eligible for TPS under this extension?
Only current beneficiaries of El Salvador, Honduras, Nepal, Nicaragua TPS, the 2011 Haiti designation, and the 2013 Sudan designation are eligible for the automatic extension if they otherwise continue to meet eligibility requirements.
How long will eligible individuals have protection under TPS?
TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending TPS for current beneficiaries of the TPS designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation as long as the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remains in effect. TPS status can, however, be extended.
How long is my EAD valid now?
Your Employment Authorization Document (EAD) is auto-extended through June 30, 2024.
How do I prove my EAD was automatically extended?
To prove your EAD is extended until June 30, 2024, TPS beneficiaries can show their EADs and the Federal Register Notice to employers to demonstrate that DHS has extended your EAD and employment authorization through June 30, 2024. The Federal Register notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended.
I am from El Salvador and currently have TPS. Do I need to re-register?
Current beneficiaries under the TPS designation for El Salvador do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for El Salvador:
- 18 through March 19, 2018
- July 8 through Sept. 6, 2016
I am from El Salvador and do not currently have TPS, may I apply?
Unfortunately, no. This extension only applies to people who currently have TPS under the El Salvador designation. Please contact an immigration attorney to discuss further options you may have.
I am from Haiti and currently have TPS. Do I need to re-register?
No. Current beneficiaries under the 2011 Haiti TPS designation do not need to re-register to maintain TPS.
If you are a beneficiary of TPS under the August 2021 Haiti designation, this extension does not impact you. Your TPS is still valid. You do not need to re-register. Your EAD is still valid until February 3, 2023.
I am from Haiti and I currently have TPS under the 2011 designation. Should I apply for TPS under the new May 2021 designation?
Maybe. You are allowed to apply under the more recent designation of Haiti in 2021 and if granted, you will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.
I am from Haiti and do not have TPS. Can I apply?
Yes. You may register for TPS under the August 2021 designation. You need to apply before February 3, 2023.
I am from Honduras and currently have TPS. Do I need to re-register?
Current beneficiaries under the TPS designation for Honduras do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for Honduras:
- May 16 through July 15, 2016
- 15, 2017, through Feb. 13, 2018
- June 5 through Aug. 6, 2018
I am from Honduras and do not currently have TPS, may I apply?
If you never had TPS for Honduras, you cannot apply for TPS now. If you previously had TPS for Honduras, but you have not re-registered during at least one of the above registration periods, DHS says you should file now and explain your reasons for filing late. You can also contact an immigration attorney to discuss further options you may have.
I am from Nepal and currently have TPS. Do I need to re-register?
Current beneficiaries under the TPS designation for Nepal do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for Nepal:
- May 22 through July 23, 2018
- 26 through Dec. 27, 2016
I am from Nepal and do not currently have TPS, may I apply?
If you never had TPS for Nepal, you cannot apply for TPS now. If you previously had TPS for Nepal, but you have not re-registered during at least one of the above registration periods, DHS says you should file now and explain your reasons for filing late. You can also contact an immigration attorney to discuss further options you may have.
I am from Nicaragua and currently have TPS. Do I need to re-register?
Current beneficiaries under the TPS designation for Nicaragua do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for Nicaragua:
- 15, 2017, through Feb. 13, 2018
- May 16 through July 15, 2016
I am from Nicaragua and do not currently have TPS, may I apply?
Unfortunately, no. This extension only applies to people who currently have TPS under the Nicaragua designation. Please contact an immigration attorney to discuss further options you may have.
I am from Sudan and currently have TPS. Do I need to re-register?
No. Current beneficiaries under the 2013 Sudan TPS designation do not need to re-register to maintain TPS.
If you are a beneficiary of TPS under the April 2022 Sudan designation, this extension does not impact you. Your TPS is still valid. You do not need to re-register. Your EAD is still valid until October 19, 2023.
I am from Sudan, and I currently have TPS under the 2013 designation. Should I apply for TPS under the new April 2022 designation?
Maybe. You are allowed to apply under the more recent designation of Sudan in 2022 and if granted, you will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.
I am from Sudan and do not have TPS. Can I apply?
Yes. You may register for TPS under the April 2022 designation. You need to apply before October 19, 2023.
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