After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that Honduras and Nicaragua no longer met the conditions for their designation for Temporary Protected Status (Honduras’ and Nicaragua’s TPS designation and related benefits terminated on Sept. 8, 2025).
However, on December 31, 2025, a federal judge in the U.S. Northern District of California issued an order vacating the Secretary’s TPS termination decision for Honduras, Nepal, and Nicaragua. National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.).
In recent developments, the Honduras and Nicaragua TPS employment authorization (EAD) has faced multiple extensions and court-ordered stays, with recent notices extending validity for certain older cards, with pending renewals that might have been covered by a 540-day extension.
However, as per the recent ruling and most recent USCIS update on this topic, the validity of Employment Authorization Documents (EADs) issued under the TPS designation of Honduras and Nicaragua with an original expiration date of Jan. 5, 2018, Jan. 5, 2019, April 2, 2019, Jan. 2, 2020, Jan. 4, 2021, Oct. 4, 2021, Dec. 31, 2022, June 30, 2024, and July 5, 2025, has been extended as the per court order. National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.).
The federal court’s ruling effectively put the terminations on hold, and employment authorization is extended as indicated by the most recent USCIS update. That said, DHS has stated that it is “working with the U.S. Department of Justice to determine next steps” and has yet to issue additional guidance for employers or TPS beneficiaries from Honduras and Nicaragua.
The key for employers and employees alike is checking the official USCIS TPS page for the latest automatic extension dates and required actions, and seeking the advice of competent legal counsel, as the situation is very fluid.
Employees should:
- Check their EADs: Look at the “Card Expires” date on their Honduran TPS EAD (Form I-766).
- Review USCIS Notices: Go to the USCIS TPS Honduras page and look for the “EAD Extension” section.
- Re-registration: The employees must have re-registered for TPS during the latest period (ending July 5, 2025), and they must file Form I-821 to keep their benefits, even with an EAD extension, as noted by USCIS.
Employers should:
Accept EADs that appear genuine and relate to the employee, even if the printed date is past the official extension, as per USCIS. Employers must accept a valid automatic extension, along with a facially expired EAD, as proof of employment authorization. See, e.g., 90 Fed. Reg 5961 at 5969 (“If you present an EAD that USCIS has automatically extended, employers should accept it as a valid List A document if the EAD reasonably appears to be genuine and to refer to you.”).
Again, employers should remember that documentation rules still apply to employers being subject to liability for rejecting lawful documentation, requiring additional documentation, or otherwise discriminating against employees based on citizenship or immigration status. State law may also prohibit such discrimination.
Employers do not have to see or request a notice of receipt for the filing of the I-821 (re-registration for TPS) from the employee.
The status of TPS for Honduras and Nicaragua has been subject to ongoing legal challenges, leading to frequent extensions, so always verify information on the USCIS website and consult a competent immigration lawyer.
