This morning, the U.S. Citizenship and Immigration Services published a Notice in the Federal Register announcing the termination of Temporary Protected Status designation for South Sudan, effective 60 days from today.
The termination of TPS is expected to affect approximately 5,000 South Sudanese nationals currently residing in the United States under TPS protection.
South Sudan was first designated for TPS status on October 13, 2011, in response to ongoing armed conflict and the ensuing humanitarian crisis. Since then, the designation has been consistently extended, with the most recent extension issued on May 4, 2025, extending protection through this past Monday, November 3.
With publication of the termination notice, the USCIS will automatically extend employment authorization for TPS holders from South Sudan during the 60-day transition period. After the transition period ends, South Sudanese nationals will no longer have TPS protection, including work authorization.
The USCIS will automatically extend the validity of Employment Authorization Documents issued under South Sudan’s TPS designation. Current TPS holders from South Sudan may possess one of the following EADs bearing the category code A-12 or C-19 and a “Card Expires” dates of
- November 3, 2023
- May 3, 2025
- November 3, 2025
These EADs will remain valid during the automatic extension period, as specified in the Notice.
The Notice appears to create a small gap in employment authorization between November 3, 2025 (the previously scheduled TPS expiration date), and today (the anticipated effective date of the automatic extension). The Notice does not address this gap, but we believe that because this is an “Extension” of employment authorization, the gap would be covered.
The announcement of the decision to terminate TPS for South Sudan may violate applicable statutes. Under the Immigration and Nationality Act, the Secretary of Homeland Security must announce a decision to terminate or extend TPS status at least 60 days before the program’s expiration. In this case, the TPS designation for South Sudan expired on November 3, but the termination Notice was not published until today (November 6). Given the arguably untimely notice, court challenges are likely.
PartnerJustin represents employers in developing visa strategies that support recruiting and operational needs. He advises on temporary and permanent visa options and works closely with clients in technology, manufacturing ...
Senior CounselWith more than 15 years of experience in immigration law, Barbara collaborates closely with employers to secure work visas and permanent residency for their global talent, assisting them in attracting and retaining top ...
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