USCIS Proposes Changes to TPS Employment Authorization Policy

Por: The Chander Law Firm

On September 23, 2011 USCIS announced proposed changes in when Employment Authorization Documents (EAD) are issued to Temporary Protected Status (TPS) holders. USCIS proposes to broaden availability of EADs to TPS holders who have had their status withdrawn or denied and are currently appealing the decision to the Administrative Appeals Office (AAO).

During a Stakeholder meeting held September 8, 2011, participants commented that withdrawal of EADs during the appeal process placed a significant financial burden on typically low-skilled laborers and the most vulnerable. Participants suggested economic need should be considered as a factor in extending employment authorization.

Participants also argued that EADs are often the only identification documents held by TPS holder, without which TPS holders can be unable to acquire other documents such as drivers licenses.

Participants also argued that TPS is often withdrawn or denied due to government error. Allowing TPS holders to retain EADs during the appeal process can reduce detrimental effects of such mistakes.

Participants also argued that the revocation of EADs can also result in an unnecessary governmental buden.

USCIS will review the concerns raised and consider the proposal in the formulation of new regulations.

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