NILC has published a
toolkit
for workers' rights advocates who may be called upon to help
temporary protected status (TPS) beneficiaries convince their
employers that they remain eligible for employment, despite the fact
that the expiration date on their government-issued employment
authorization document (EAD) may have passed.
When the secretary of Homeland Security
redesignates a country as one whose nationals and residents
currently living in the U.S. are eligible to reregister for
TPS, frequently the secretary also will automatically extend the
employment authorization of TPS beneficiaries who reregister for TPS
under the redesignation. Generally, U.S. Citizenship and
Immigration Services (USCIS) issues an automatic extension of TPS-related
employment authorization when a large number of beneficiaries are
expected to reregister for TPS, since in such cases the agency is
unlikely to be able to issue new EADs in a timely fashion.
Usually, the Dept. of Homeland Security
(DHS) will announce the redesignation of a country for TPS through a
news release and on the
USCIS website. Thereafter, USCIS publishes a
notice in the Federal Register that officially announces the
redesignation, provides information about the reregistration
process, and answers frequently asked questions. If the secretary
has decided that it is appropriate to automatically extend the work
authorization of TPS reregistrants, the notice will contain
information about the automatic extension and about what information
employers are allowed — and required — to accept from employees when
verifying their employment eligibility on a Form I-9.
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