On February 24, 2025, the Department of Homeland Security (DHS) published a notice in the Federal Register partially vacating the July 1, 2024 extension and redesignation of Haiti for Temporary Protected Status (TPS). To understand the meaning of this partial vacatur, a summary of DHS’ 2024 TPS decision for Haiti is provided below:
- In 2024, DHS extended the designation of Haiti for TPS (initially designated in 2010 and extended and redesignated multiple times since then) and redesignated Haiti for TPS for 18 months, beginning on August 4, 2024, and ending on February 3, 2026.
- This extension and redesignation allowed Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) who had been continuously residing in the United States since June 3, 2024, and who had been continuously physically present in the United States since August 4, 2024, to apply or re-register for TPS.
- As a result of this 2024 decision, USCIS issued Employment Authorization Documents (EADs) with a February 3, 2026, expiration date to eligible beneficiaries granted TPS under Haiti’s designation who timely re-registered and applied for EADs, and to eligible beneficiaries granted TPS who submitted initial registration applications under the redesignation and applied for EADs.
What does the partial vacatur do?
DHS’ partial vacatur shortens Haiti’s TPS designation and extension period expiry from February 3, 2026, to August 3, 2025. DHS also accordingly shortened the initial registration period expiry for new applicants under the Haiti TPS redesignation from February 3, 2026, to August 3, 2025.
How does the partial vacatur impact work authorization?
Haiti TPS beneficiaries who have received an EAD bearing category code A12 or C19 and an expiry date of February 3, 2026, are only authorized to work until August 3, 2025. Employers should be aware that U. S. Citizenship and Immigration Services (USCIS) will not issue new EADs bearing the August 3, 2025, expiry date.
What steps can employers take?
Employers of individuals who presented a Haiti EAD bearing category code A12 or C19 should consider screening their employees for other visa options and consider moving them to a nonimmigrant status if possible. If employees who are impacted by this decision have other forms of employment authorization, employers must follow I-9 reverification procedures.
