Monday, December 12, 2016

TPS

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As a TPS Beneficiary, How Long Is my Work Permit Good For?

Understanding the circumstances under which TPS status may be extended without the person immediately needing or receiving a new work permit.

As a Temporary Protected Status (TPS) beneficiary, you have the opportunity to receive an employment authorization document, often referred to as a work permit or EAD. The work permit has a set expiration date that is tied to your TPS status.

The expiration date on the EAD card itself can, however, be misleading. In certain circumstances, your TPS status may be extended without you immediately receiving (or needing) a new work permit. This article will explain why, and guide you in understanding how this will impact your ongoing TPS status and right to work.

The Work Permit Is Tied to Your TPS Status

When certain emergencies arise in another country, such as a war, earthquake, or civil disturbance, the U.S. Department of Homeland Security (DHS) can designate that country’s citizens, if they are already present in the United States, as eligible for TPS. TPS is a temporary designation that allows its beneficiaries to live and work in the U.S. for the duration of the emergency without fear of being placed into removal proceedings for overstaying a visa. With each designation, however, the U.S. government sets an expiration date, based on how much time it thinks will pass before conditions in the country have improved enough to allow its citizens a safe return.
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Depending on whether or not conditions in your native country have improved since the original TPS designation, the U.S. Secretary of Homeland Security can, as the expiration date approaches, either remove the TPS designation or extend it.

If conditions remain unsafe in the country, then as a beneficiary of TPS, you may receive an extension of six, 12, or 18 months. Most of the current TPS-designated countries have been extended numerous times.

TPS Status and Your Work Permit May Be Automatically Extended

Notice of an extension of TPS designation for your country is provided in the Federal Register, which is basically a daily newspaper of the U.S. government. When the Register announces an extension of your TPS-designated country, it will also explain all the details required to renew TPS, and how it will impact your right to continue working.

You can expect such an announcement within the few months before your EAD expires. To access the register, go to www.federalregister.gov and enter the search terms “TPS” and the name of your country. You can also check the Temporary Protected Status page of the United States Citizenship and Immigration Services (USCIS) website for any updated deadlines and dates of a possible re-extension.

It is important to keep track of when your TPS status expires, and to check the Register and the USCIS website to make sure you will have an opportunity to renew it and find out when the renewal period will open. Often, the renewal window for TPS is short, and will require you to act quickly to ensure that you can maintain your TPS status and continue legally working.

If TPS Is Automatically Extended, Work Permit Continues to Be Valid

If you have any questions regarding TPS or any other immigration topic,
Please contact LEGiTiGO, today

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