1. The Employee applies.
2. The Citizenship and Immigration Service takes a long time to adjudicate the application
3. The Employment Authorization Document expires
4. The Employee cannot work legally after this day, and loses the job.

I have had individuals leave the country on this issue. There is no way to expedite this, and although Citizenship and Immigration Service is required, by regulation to adjudicate the card within 90 days, sometimes that does not happen.  Understandably, the Citizenship and Immigration Service is inundated by large volumes of Employment Authorization Document Extensions.  Nationals from India and China have long wait lines before they get their Green Card (Permanent Resident Card), so they need to renew their cards frequently.  The same is true for DACA, TPS etc.

This problem has been solved by the recently enacted changes to the Immigration code.  Enacted on November 18, 20165, it goes into effect on January 17, 2017, 8 CFR § 274a. 12 (c) (35-36) states that due to “compelling circumstances” Employment Authorization Document will be extended for 180 days if:

1. The individual files a request to renew his Employment Authorization Document prior to the expiration date
2. The individual is requesting an extension under the same category as before, for example DACA, I-485 pending, TPS, Dependent visas, like H-4, L-2, or J2.
3. However, the underlying status needs to be valid. This means for example if someone is divorced and does not have the H-4 or L-2 status anymore, then this provision does not apply

The receipt notice of the Employment Authorization Document serves as proof of such extension for 180 days

Hopefully the Citizenship and Immigration Service will adjudicate these cases by 180 days

Please call Banerjee & Associates for more information

Nepalese citizens seeking to register for this extension of TPS must do so within the 60 day window between October 26, 2016 and December 27, 2016.  Nepalese TPS applicants will receive a new Employment Authorization Document (“EAD”) with a June 24, 2018 expiration date.  USCIS acknowledges that some applicants will not receive their new EAD before their current EAD will expire on December 24, 2016, and for that reason, the announcement of the TPS extension designation also automatically extends existing EADs through June 24, 2017.  Employers are cautioned to comply with USCIS instructions in re-verifying automatically extended EADs.

Because of the strain on local governments in the provision of basic services, the Senators urged Secretary Kerry to grant Filipinos in the United States this additional time until they can safety return home without adding to the strain of ongoing efforts in the affected areas in their home country.  The U.S. has granted TPS to many nationals after their home country has suffered a natural disaster, such Hurricane Mitch in Honduras and Nicaragua in 1999, as an earthquake in El Salvador in 2001, and an earthquake in Haiti in 2010.

The Department of State remains in discussions whether to make a TPS designation to benefit Filipinos.

Rabinowitz & Rabinowitz, PC. is a Dallas immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.