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USCIS Office of Policy and Strategy: Proposed Rule affecting the Employment Authorization of TPS Beneficiaries and Applicants

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On September 8, 2011, the Office of Public Engagement hosted a stakeholder engagement to discuss issues related to a potential proposed rule affecting the Employment Authorization of Temporary Protected Status (TPS) beneficiaries and applicants.

TPS beneficiaries are authorized to work based on their status. TPS applicants who are found to be prima facie eligible for TPS may also receive employment authorization as a “temporary treatment benefit” while their TPS applications are pending. USCIS is considering a regulatory change that would terminate employment authorization if TPS is withdrawn or denied, rather than allow it to continue until the expiration of a beneficiary’s or applicant’s Employment Authorization Document (EAD) as is currently stated in 8 C.F.R. 244.12(b) and (c). As part of this potential rulemaking, USCIS is also considering whether to amend the rule permitting extension of a TPS-related EAD during the pendency of an appeal or review during removal proceedings of an individual’s TPS application. See 8 C.F.R. 244.12(d).

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