Clarification: Certain TPS Beneficiaries Are Eligible for an Up to 540-day Extension of Their EADs.

Do you employ Temporary Protected Status (TPS) Beneficiaries? If so, they may be eligible for an up to 540-day extension of their EAD.

If an individual with TPS or a pending TPS application applies to renew their TPS Employment Authorization Document (EAD) on or before October 26, 2023, according to the relevant Federal Register notice relating to their TPS country designation, their TPS EAD is extended for up to 540-days from the date shown on their TPS EAD.

When completing Forms I-9, an employee may present a facially expired EAD with a category code of A12 or C19 with a Form I-797C that a) has a filing date after the "Card Expires" date on their EAD and b) indicates eligibility for automatic EAD extension. Employers cannot reject acceptable Form I-9 documentation.  

For more information, see the M-274, Handbook for Employers, Section 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document and Section 5.3 Automatic EAD Extensions for Temporary Protected Status (TPS) Beneficiaries.