Temporary Protected Status and Deferred Enforced Departure
The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) if conditions in the country temporarily prevent the country's nationals from returning safely, or in certain circumstances, if the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of a designated country, and eligible individuals without nationality who last resided in the designated country, who are already in the United States. Individuals who are granted TPS can obtain employment authorization.
Deferred Enforced Departure (DED) is in the President’s discretion to authorize as part of his power to conduct foreign relations. Individuals covered by DED are not subject to removal from the United States, usually for a designated period of time. Individuals may also request employment authorization if it is provided as a benefit of DED.
USCIS issues TPS and DED beneficiaries a Form I-766, Employment Authorization Document (EAD) if the beneficiary requests one. These employees may present this EAD or any other combination of documents from the List of Acceptable Documents to complete Form I-9. Employees do not have to provide proof that they are a national of a country that has been designated for TPS or DED.
When DHS extends an expiring TPS designation or DED as directed by the President, it may also extend the validity of the expiring EADs associated with the TPS or DED, which allows USCIS time to issue new EADs. Information about automatic extensions is published in the Federal Register and on the USCIS website. When an employee presents an EAD that is expired on its face, employers should determine if it is a TPS or DED EAD that has been automatically extended and therefore valid for Form I-9 purposes:
- Look at the “Category” section on the expired EAD
- “A-12” or “C-19” indicate TPS. “A-11” indicates DED
- See the links below to check the USCIS website for information about which TPS or DED country’s EADs have been automatically extended
- Accept the EAD if it has been automatically extended and the extension is still in effect
- Check “An alien authorized to work”
- Write their alien number in the first space. Alien numbers are printed on EADs, but also can be found on notices from USCIS
- Write the date the EAD expires, or the automatic extension date if the EAD has been auto-extended, in the second space
If a TPS or DED employee presents an EAD that is expired on its face but has been automatically extended, the employer should:
- Record the document title
- Record the document number
- Record the issuing authority
- Record the date the EAD has been automatically extended to as the expiration date
If an existing TPS or DED employee presented an EAD when first completing Form I-9 and DHS has automatically extended the EAD, the employer must:
- Write “TPS Ext.” or “DED Ext.” in the Additional Information area in Section 2;
- Write the auto-extended date from the Federal Register notice in the Additional Information area; and
- Initial and date the correction in the Additional Information area in Section 2
The Handbook for Employers M-274 provides additional guidance.
At the End of Automatic Extension
Once the automatic extension of the EAD expires, employers must reverify the employee’s employment authorization in Section 3. The employee may choose to present his or her new EAD, or any document from List A or C of Form I-9 that shows he or she continues to be authorized to work in the United States.
For specific information on the TPS designation and Employment Authorization Document extension information for a specific country, select the country below:
For specific information on the DED designation and Employment Authorization Document extension information for a specific country, select the country below: