On Sept. 22, 2016, Secretary of Homeland Security Jeh Johnson extended the temporary protected status (TPS) designation for Guinea, Liberia, and Sierra Leone through May 20, 2017.  The TPS designations for these countries were extended for six months to allow for the “orderly transition” of its citizens back home.  Guinea, Liberia, and Sierra Leone were originally granted TPS designation for 18 months because of the Ebola virus outbreak in late 2014 in West Africa.  After reviewing country conditions and consulting with appropriate U.S. government agencies, Secretary Johnson “determined that conditions in Guinea, Liberia, and Sierra Leone no longer warrant TPS designation,” since the Ebola virus outbreak has ended.

To facilitate the orderly transition, the TPS for citizens of these countries will be automatically extended until May 20, 2017, without the need for filing a Form I-821 with U.S. Citizenship and Immigration Services (USCIS).  The work authorization (EAD) for these citizens will be automatically extended until May 20, 2017, as well.

While TPS benefits will end effective May 21, 2017, citizens of these countries will be allowed to retain any other lawful immigration status that they obtained while holding TPS status.  If any citizens of these countries currently do not hold another immigration status, these individuals have the additional six-month extension to prepare for their departure from the United States or to apply for and obtain alternative immigration benefits. Employers that employ citizens of these countries who are working on a TPS-related EAD should consider using this time to determine whether these individuals may be eligible for an employment-based visa.  If eligible, employers can then submit petitions on behalf of these individuals as soon as possible in an attempt to avoid any interruption in employment authorization since USCIS is taking several months to review and approve employment-based visa petitions.

Finally, employers should consider alerting all company representatives responsible for the completion of the I-9 process about this development, as employers may often be unsure about how to complete and/or reverify the I-9 form for individuals holding TPS work authorization. Employers must accept a TPS-related EAD that is expired on its face if it nevertheless remains unexpired based on an automatic extension of the EAD by Department of Homeland Security.

For a link to the applicable Federal Register outlining the extension of TPS benefits and employment authorization for citizens of these countries, please click here:  Guinea; Liberia; Sierra Leone.

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Photo of Cole F. Heyer Cole F. Heyer

Cole F. Heyer has been working in the immigration field for over a decade and has wide-ranging experience in both family-based and employment-based immigration matters. Prior to joining GT in 2015, Cole worked at a high-volume family-based immigration practice where he represented clients

Cole F. Heyer has been working in the immigration field for over a decade and has wide-ranging experience in both family-based and employment-based immigration matters. Prior to joining GT in 2015, Cole worked at a high-volume family-based immigration practice where he represented clients before the Atlanta Immigration Court and the U.S. Citizenship and Immigration Services (USCIS).

At GT, Cole focuses his practice on representing domestic and multinational employers before the USCIS, the U.S. Department of Labor (DOL), the U.S. Department of State (DOS), and Immigration and Customs Enforcement (ICE) on virtually all issues that employers may face in the employment context with immigration.

Specifically, Cole represents and advises employers, ranging from small, start-up companies to Fortune 50 companies, in all areas of employment-based immigration matters, including nonimmigrant visa categories (B, E-1/2, E-3, F, H-1B, H-3, J, L-1A/B, O, TN, R), permanent residence (PERM, Extraordinary Ability/Outstanding Researchers, Multinational Managers and National Interest Waivers), naturalization, and DACA. He services companies in all industries, including pharmaceuticals, medical device, oil & gas, retail and fashion, IT, financial services, and food & beverage on U.S. employment-based immigration, compliance and enforcement actions, and global immigration. Cole also assists with GT’s federal litigation practice concerning immigration matters.

Finally, Cole advises employers with I-9 compliance by providing onsite training, internal audits and reviews, and deploying best practices to minimize exposure and liabilities in the event of ICE investigations and audits. As part of this practice, Cole has worked directly with ICE on I-9 audits to negotiate on behalf of employers that he represents.