Persons from Honduras and Nicaragua who have temporary protected status (TPS) because they reregistered under the 18-month extension of the TPS programs for their countries, announced in the Nov. 3, 2004, Federal Register (69 FR 64084), continue to be employment-eligible through July 5, 2005, even if they have not yet been issued a new employment authorization document (EAD).

     Similarly, persons from El Salvador who have TPS because they reregistered under the 18-month extension of TPS for Salvadorans, announced in the Jan. 7, 2005, Federal Register (70 FR 1451), continue to be employment-eligible through Sept. 9, 2005, even if they have not yet been issued a new EAD.

     If they have not yet been issued a new EAD, Hondurans and Nicaraguans with TPS are likely to have one whose expiration date is Jan. 5, 2005; the EADs of Salvadorans in the same situation will bear an expiration date of Mar. 9, 2005.  However, because the secretary of Homeland Security automatically extended the employment authorization of Honduran and Nicaraguan TPS beneficiaries through July 5, and that of Salvadoran beneficiaries through Sept. 9, employers are required to accept the expired EADs as proof that their bearers are employment-eligible through July 5 and Sept. 9, respectively.

     Employers with questions about these rules can receive answers by calling the employer hotline of the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) at 1-800-255-8155.  Workers can call the OSC at 1-800-255-7688.  The OSC’s website is at www.usdoj.gov/crt/osc/index.html.

     Advocates who learn of instances of workers being denied employment or fired because their employers would not accept a TPS beneficiary’s expired EAD are urged to contact NILC’s Marielena Hincapié at hincapie@nilc.org.