TPS Changes Announced for Venezuela, Burma, Syria and Haiti Could Impact Your I-9 Process
By Jason Fry
DHS announced changes in TPS designations & redesignations for Venezuela, Burma, Syria and Haiti. Learn what this means for your Form I-9 process.
Extensions of TPS registration periods for Venezuela, Burma, and Venezuela
The Department of Homeland Security has published a Federal Register notice (FRN) announcing extensions of the registration periods from 180 days to 18 months for initial (new) applicants for Temporary Protected Status (TPS) under the designations of Venezuela and Burma, and the redesignation of Syria. This notice also provides certain specific corrections to the FRN regarding Venezuela (86 FR 13574).
DHS determined that the initial 180-day registration period may place an undue burden on those initial applicants who would be eligible but might have had a hard time filing in that time period. This ruling however does not extend or alter the expiration date of an applicant’s TPS, which remains the same regardless of the date of registration. President Biden’s Executive Order 14012 addressed the humanitarian purpose of TPS and reflects those principles.
This filing extension will allow individuals to submit an initial Form I-821, Application for Temporary Protected Status, and an application for an Employment Authorization Document (if desired) at any time during the 18-month designation or redesignation periods for these three countries.
The 18-month registration period for initial applications under the TPS designation of Venezuela now runs through Sept. 9, 2022.
The 18-month registration period for initial applications under the TPS redesignation of Syria now runs through Sept. 30, 2022.
The 18-month registration period for initial applications under the TPS designation of Burma (Myanmar) now runs through Nov. 25, 2022.
TPS Designation for Haiti
There was also a Federal Registration Notice announcement regarding Haiti being designated for Temporary Protected Status for 18 months, effective August 3, 2021, through February 3, 2023.
The approximately 55,000 Haitians that currently have TPS status and Employee Authorization Documents (EADs) set to expire October 4, 2021, must re-register for a new TPS designation and EADs which will expire February 3, 2023. The Federal Register Notice does not appear to extend the current EADs set to expire October 4, 2021 to cover any lag time following applications for the new TPS and EADs.
The 55,000 Haitians currently with TPS, plus an additional estimated 100,000 Haitians, are eligible to apply for the new TPS designation.
Temporary Protected Status Considerations for Employers During Form I-9 Process
Keeping up-to-date on changing I-9 regulations can be complicated for organizations like yours, leaving you vulnerable for Form I-9 compliance risk. Employers are responsible for making sure that employment authorization documents remain current. Certain expiring documents need to be updated, while others have automatic extensions. Staying on top of which documents need to be reverified and notifying employers to provide updates can be challenging. Learn more about how to reverify and update Form I-9 in our on-demand webinar, Form I-9 Reverifications, Retention, and Rehires. And learn how the I-9 Management system from Equifax can help you and your team.
Automate Form I-9 Reverifications with I-9 Management
The I-9 Management service from Equifax can help you to stay on top of TPS extensions. The I-9 Management system helps you to track expiration dates and sends automated reminders for Form I-9 reverifications.
Additionally, you can send your reverifications to our nationwide network of trained I-9 Anywhere Local Completers. Sign up for a demo to learn more.
The information provided herein is intended as general guidance and is not intended to convey specific legal advice. Please consult with your own legal or human resources professional(s) for guidance specific to your organization.