Effective Dates: 11/26/2021 - Present

Identification Number:
EM-21063 REV
Intended Audience:All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/ODAR
Originating Office:ORDP OISP
Title:Claims Policy – Non-citizens in Temporary Protected Status (TPS) or Deferred Enforcement Departure (DED) – Automatic Extension of status by DHS
Type:EM - Emergency Messages
Program:Title II (RSI); Title VIII (SVB); Records Maintenance (Earnings & Enumeration); Medicare
Link To Reference:See References at the end of this EM.
 

Retention Date: January 26, 2025

Summary of Changes:

· Section B – Clarified the language in the second paragraph in section B to improve clarity.


A. Objective

We are receiving reports alerting SSA of some payment suspensions on Retirement, Survivors, and Disability Insurance (RSDI) beneficiaries who are non-citizens in Temporary Protective Status (TPS) pursuant to Sec. 244 of the Immigration and Nationality Act (INA). These non-citizens received suspension and overpayment notices due to the expiration of their Employment Authorization Documents (EAD) and their TPS. This EM reminds field and regional technicians of the TPS and Deferred Enforcement Departure (DED) policies and procedures as they relate to the lawful presence payment provisions (see RS 00204.020 and RS 00204.025).

B. Policy for TPS and DED beneficiaries, EAD expiration and subsequent extension date
    RSDI non-citizens from countries designated as TPS by the Secretary of Homeland Security are considered lawfully present in the United States. Non-citizens under TPS are generally issued an EAD with a two or three year validity. Upon the expiration of their EAD, the Department of Homeland Security (DHS) issues an automatic extension of their EAD Form I-766. The length of this extension can vary at the discretion of United States Citizenship and Immigration Services (USCIS). For detailed TPS and DED EAD extension information, refer to the USCIS TPS website and DED website and select the country designation.

    Non-citizens from countries for whom an extension is granted may continue to meet lawful presence during that TPS extension. Technicians should not automatically suspend benefits to those beneficiaries who are within the TPS extension period and present an expired EAD showing a Category code of A-12 or C-19; you must check the USCIS TPS website, select the country designation to identify specific extension time period details and then verify a claimant’s immigration status via SAVE (GN 00303.610D.3).

    Direct all program–related and technical questions to your RO support staff or PSC OA staff. RO support staff or PSC OA staff may refer questions or problems to their Central Office contacts.

    Reference:
    RS 00204.020 Developing Lawful Presence of an Alien in the U.S.
    RS 00204.025 Evidence Requirements for Establishing U.S. Lawful Presence
    GN 00303.610 Verifying Immigration Documents
    RM 10211.420 Employment Authorization for Non-immigrants
    EM-21063 REV - Claims Policy – Non-citizens in Temporary Protected Status (TPS) or Deferred Enforcement Departure (DED) – Automatic Extension of status by DHS - 11/26/2021