For immediate release
January 10, 2023
Temporary Protected Status (TPS) Update from UNITE HERE Vice President of Immigration, Diversity, and Civil Rights Enrique Fernández
As 2022 ended, our Nation once again failed to fix its broken immigration system. Our union has been fully engaged in this cause and we will continue to work with our allies to find a pathway forward that includes a pathway to citizenship for our members and their families.
Of particular concern is the evolving situation for TPS holders. Here is the latest update on TPS for you and your members and their families, and also for your employers. These updates, we hope, can help both our members who are TPS holders, as well as employers who may need to be aware of these adaptations in the TPS program.
Temporary Protected Status (TPS) Update
1. El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal
On November 16, 2022, the Department of Homeland Security extended TPS for an additional 18 months – from December 31, 2022 until June 30, 2024 — for many people who are already approved for TPS from these six countries. This extension does not cover Haitians who applied for TPS under the August 3, 2021 designation for Haiti or Sudanese who applied for TPS under the April 19, 2022 designation for Sudan.
The people who are covered by this extension will not need to renew their work permits (formally called, employment authorization documents or EADs) in order to continue working. Anyone who has an EAD with a category code of A-12 or C-19 and one of 16 expiration dates listed below, can simply give their employer a copy of the Federal Register notice that says this, which is available at https://www.govinfo.gov/content/pkg/FR-2022-11-16/pdf/2022-24984.pdf. The Union can assist by giving employers a copy of the Federal Register notice.
Some people from these six countries may need to re-register for TPS or might benefit from doing so. The rules are complicated and depend in part on when the person registered in the past. We encourage you to refer these members to community legal services for advice about re-registering for TPS.
EAD Expiration Dates
Jan. 22, 2018; March 9, 2018; June 24, 2018; July 5, 2018; Nov. 2, 2018; Jan. 5, 2019; April 2, 2019; June 24, 2019; July 22, 2019; Sept. 9, 2019; Jan. 2, 2020; Jan. 5, 2020; March 24, 2020; Jan. 4, 2021; Oct. 4, 2021; or Dec. 31, 2022.
On December 12, 2022, the Secretary of Homeland Security designated Ethiopia for TPS for 18 months from December 12, 2022 to June 12, 2024. Ethiopians who have resided in the U.S. since October 20, 2022 and have been continuously present in the U.S. since December 12, 2022 are eligible to apply. Ethiopian workers who may be eligible to apply for TPS should be referred to community legal services who can review each person’s individual circumstances.
On December 5, 2022, the Department of Homeland Security announced that it would extend TPS for Haitians who registered under the August 3, 2021 TPS designation for Haiti for an additional 18 months, from February 4, 2023 to August 3, 2024 and would authorize Haitian nationals who were residing in the U.S. as of November 6, 2022 to apply for TPS status which, if approved, will be effective until August 3, 2024. Haitians who come to the U.S. after November 6, 2022 will not be eligible to apply for TPS at this time.
We will provide more information about this when the government publishes the official notice.
We recommend your members also consult with legal advocates to make sure they are in full compliance with the current procedures. We also recommend you share this letter with employers with whom you have collective bargaining agreements.