The U.S. Department of Homeland Security (DHS) will publish a notice in the Federal Register on January 17, 2025, announcing an 18-month extension of El Salvador’s designation for Temporary Protected Status (TPS). This allows all eligible TPS recipients to retain TPS for a further 18 months, from March 10, 2025, through September 9, 2026, if they re-register and remain otherwise eligible. The 60-day registration period will open on January 17, 2025. Similar extensions will be granted to nationals of Sudan, Ukraine, and Venezuela. These extensions are available only to persons who are currently in the United States and have been granted, or have applied for, TPS.
Salvadoran nationals who currently are in TPS should file Form I-821 with United States Citizenship and Immigration Services (USCIS) during the 60-day re-registration period. Such persons may also extend their employment authorization by filing a Form I-765 Employment Authorization Document (EAD) application. USCIS will provide an automatic extension through March 9, 2026, for EADs with a Category code of A-12 or C-19 and an expiration date of March 9, 2025, June 30, 2024, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, September 9, 2019, or March 9, 2018. Persons who have an I-821 application or a TPS-related I-765 application pending on January 17, 2025, do not need to refile either application. If USCIS approves the Form I-821, it USCIS will grant TPS through September 9, 2026. If the agency approves a pending TPS-related Form I-765, it will issue a new EAD that will also be valid through September 9, 2026.
DHS also announced last Friday that Sudanese and Ukrainian citizens who entered the United States on or before August 16, 2023, and currently hold TPS will receive a TPS extension through October 19, 2026. Re-registration is limited to individuals who previously registered for TPS under Ukraine’s and Sudan’s designations. This population includes nationals of Ukraine and Sudan (and individuals without nationality who last resided in Ukraine or Sudan) who have been continuously living in the United States since at least August 16, 2023, with or without lawful immigration status. If USCIS approves a pending Form I-821, TPS will be granted through October 19, 2026. If the agency approves a TPS-related Form I-765, it will issue a new EAD also valid until October 19, 2026.
A further announcement on Friday by DHS confirmed that Venezuelan citizens who entered the United States on or before July 31, 2023, and currently hold TPS will receive a TPS extension through October 2, 2026. If USCIS approves a pending Form I-821, TPS will be granted through October 2, 2026. If the agency approves a TPS-related Form I-765, it will issue a new EAD also valid until October 2, 2026. Venezuelan TPS beneficiaries must re-register during the re-registration period that runs from the publication of a Federal Register notice until September 10, 2025. Since not all re-registrants will receive a new EAD before their current EAD expires, DHS will automatically extend previously issued EADs until April 2, 2026.
The TPS program provides temporary protections in the United States to eligible nationals of countries whose conditions prevent a safe return. During the TPS designation period, TPS beneficiaries are eligible to remain in the U.S., may not be removed, and are authorized to obtain work and travel authorization so long as they continue to meet the requirements of TPS. Individuals who believe they qualify for TPS are encouraged to consult with a T&S legal professional to evaluate their eligibility.
As we have noted in recent Alerts, it appears that the lame-duck Biden administration is accelerating its efforts to preserve or introduce a number of immigration benefits before the Trump administration is inaugurated on January 20, 2025. The TPS extension that will become effective on January 17, 2025, is certainly part of such an effort. Members of the future Trump administration have voiced opposition to TPS in the past and it is possible that a scaling down or cessation of this program will be one of the objectives of this administration.
