Mark A Ivener, A Law Corporation

USCIS Extends TPS for Sudan, Redesignates and Extends TPS for South Sudan

U.S. Citizenship and Immigration Services (USCIS) announced on September 2, 2014, the extension of Sudan for temporary protected status (TPS) to May 2, 2016, and auto-extension of related employment authorization documents (EADs) through May 2, 2015. USCIS also announced that it is redesignating South Sudan for TPS and is extending the existing TPS designation from November 3, 2014, through May 2, 2016.  

Sudan. Those who currently have TPS for Sudan and would like to keep that status must re-register by November 1, 2014.  USCIS encourages beneficiaries to re-register as soon as possible.  Those who have never been granted TPS may be eligible to file a “late initial application. See the “Filing Late” section on the TPS website for more information. 

As noted above, USCIS has automatically extended the validity of EADs issued under the last extension of TPS Sudan for an additional 6 months, through May 2, 2015. Those who are TPS beneficiaries under the Sudan designation and whose EADs are based on their TPS status with an original expiration date of November 2, 2014, are covered by this automatic extension and may continue to work.

USCIS said that to continue working legally, the following documentation should be shown to employers and government agencies:

USCIS explained that an employer may rely on the Federal Register notice as evidence of the continuing validity of the EAD.

If USCIS approves the TPS re-registration application and the applicant paid the fee for a new EAD (or USCIS approved a fee waiver request), the applicant will be issued a new EAD with the expiration date of May 2, 2016.

South Sudan. During the past year, the Departments of Homeland Security and State reviewed the conditions in South Sudan. Based upon this review, Secretary Johnson determined that a re-designation and 18-month extension of TPS for South Sudan is warranted due to the significant deterioration of conditions in that country and the inability of its nationals to return in safety. The extension and re-designation of South Sudan for TPS are based on ongoing armed conflict in that country and the continuation of extraordinary and temporary conditions that led to the country’s most recent TPS designation in 2013.

Current South Sudanese beneficiaries seeking to extend their TPS status must re-register by November 3, 2014.  USCIS encourages beneficiaries to re-register as soon as possible.

South Sudanese nationals, or persons having no nationality who last habitually resided in South Sudan, may be eligible for TPS under the re-designation if they continuously resided in the United States since September 2, 2014, and have been continuously physically present in the United States since November 3, 2014.  In addition, applicants must meet all other TPS eligibility and filing requirements.

The 18-month extension allows TPS re-registrants to apply for a new employment authorization document (EAD).  Eligible South Sudan TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of May 2, 2016.  USCIS said it recognizes that some re-registrants may not receive their new EADs until after their current EADs expire.  Therefore, USCIS is automatically extending current TPS South Sudan EADs bearing a November 2, 2014, expiration date for an additional six months.  These existing EADs are now valid through May 2, 2015.

Share this Article

About the Author

Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.