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Will you get fired if your EAD (work permit) expires and you have TPS or DED?

The U.S. Department of Justice's Civil Rights Division's Office of Special Counsel for Immigration-Related Unfair Employment Practices (quite a mouthful) released information pertaining to recent Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) renewals.  This information is designed to protect employees as well as to encourage employers to follow the law. 

Every TPS renewal period, our office is overwhelmed with calls from people who are threatened with termination if their work permits are not extended before their expiration.  For those with TPS and DED, this is generally a prohibited act by the employer as the Department of Homeland Security (DHS) usually automatically extends work authorizations for periods of 6 months. Excerpt and full document appear below.

If a current or new employee presents an EAD that has been automatically extended, an employer may not ask for additional documentation to prove work authorization, country of origin or registration for program extensions.

Requesting more or different documents than are required by the I-9 process may violate the antidiscrimination provision of the Immigration and Nationality Act (INA).


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The information on this Virginia Lawyer / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The Law Offices of Ricky Malik, P.C. represents clients in all 50 states of the United States and the World over, including Manassas, VA, Prince William County, Arlington, Fairfax, Centreville, Alexandria, Falls Church, Roslyn, Washington, DC, Loudon County, Lorton, Woodbridge, Virginia, Takoma Park, MD, Langley Park, Bethesda, Rockville, Hyattsville, Montgomery County, Prince George's County, Columbia, and Baltimore, Maryland.