Employers Must Update I-9 Forms of Employees with Work Authorization Documents Based on Haitian TPS

Jackson Lewis P.C.
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On Feb. 20, 2025, DHS Secretary Kristi Noem announced that Haiti’s Temporary Protected Status (TPS) designation will terminate on Aug. 3, 2025.

Work authorization documents based on Haitian TPS are now auto-extended only to Aug. 3, 2025, rather than Feb. 3, 2026.

On Feb. 24, 2025, the E-Verify program announced that I-9 forms for employees with an Employment Authorization Document (EAD) listing a Category Code of A12 or C19 (the codes for Haitian TPS) and an expiration date of Feb. 3, 2026, must be corrected to reflect an amended expiration date of Aug. 3, 2025.

Employers are instructed to enter the amended expiration date of Aug. 3, 2025, in the Additional Information field in Section 2 of the I-9 form and initial and date the correction.

Importantly, employers are not instructed to create new E-Verify cases for existing employees with work authorization documents based upon Haitian TPS that expire Feb. 3, 2026.

All employees with EADs listing the A12 or C19 Category Code with a Feb. 3, 2026, expiration must be re-verified using an alternative, acceptable I-9 document before they begin work on Aug. 4, 2025. A list of acceptable documents is available at Form I-9 Acceptable Documents | USCIS.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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