Haiti TPS Extended by Federal Register

Nilan Johnson Lewis PA
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Through Federal Register notice, The Department of Homeland Security (“DHS”) is extending the designation of Haiti for Temporary Protected Status (TPS) and redesignating Haiti for TPS for 18 months, beginning on August 4, 2024, and ending on February 3, 2026. This extension allows current beneficiaries to retain TPS through February 3, 2026, if they continue to meet TPS eligibility requirements. Existing Haiti TPS beneficiaries must re-register during the 60-day re-registration period from July 1, 2024, through August 30, 2024, to ensure they keep their TPS and employment authorization. Re-registration is only available to individuals who previously registered for and were granted TPS under Haiti’s initial designation.

DHS is automatically extending the validity of certain EADs previously issued under the TPS designation of Haiti through August 3, 2025. As proof of continued employment authorization through August 3, 2025, TPS beneficiaries can show their EAD with the notation A-12 or C-19 under Category and a “Card Expires” date of August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017.

For individuals with one of these EADs to get an EAD that is valid after August 3, 2025, the individual must re-register for TPS and file Form I-765, Application for Employment Authorization. If U.S. Citizenship and Immigration Services (USCIS) approves an individual’s newly filed Form I-765, USCIS will issue an EAD valid through February 3, 2026.

DHS’ redesignation of Haiti for TPS allows eligible individuals who do not currently have TPS to submit an initial application by filing Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from July 1, 2024, through February 3, 2026. Individuals can also apply for TPS-related Employment Authorization Documents and for travel authorization. An EAD can be requested by submitting a completed Form I-765, Application for Employment Authorization with Form I-821, or separately later.

USCIS will continue processing pending applications filed under previous Haiti TPS designations. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765 as of July 1, 2024, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous Haiti TPS designations, USCIS will grant the individual TPS through February 3, 2026, and issue an EAD valid through the same date.

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.

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