The Department of Homeland Security announced the extension of
TPS Designation for Haitian nationals for a period of 18 months
from January 23, 2013 through July 22, 2014. The Federal Register notice
issued on October 1, 2012, also automatically extends the validity
of Employment Authorization Documents (EADs) issued under the TPS
designation for Haiti for six months, from January 22, 2013 through
July 22, 2013. The
re-registration period for current TPS beneficiaries begins October
1, 2012 and will remain in effect until November 30, 2012.
Protected Status ("TPS") is an immigration benefit
conferred to individuals in the U.S. who are nationals of a country
(or persons without nationality who last habitually resided in such
county) that has been undergoing armed conflict, environmental
disaster, or other extraordinary and temporary conditions that
citizens from safely returning to their homeland. TPS is granted for
time-limited periods depending on the length of country
eligible for TPS are eligible to apply for work authorization in
the U.S. Once an
individual is granted TPS, they cannot be detained by DHS based on
their immigration status; however, those granted TPS may still
apply for nonimmigrant status, file for adjustment of status based
on an immigrant petition, and apply for any other immigrant
benefits for which they may be eligible. TPS beneficiaries may also
apply for travel authorization.
Registering for TPS: To register for TPS,
individuals are required to file Form I-821, Application for
Temporary Protected Status and Form I-765, Application for
Employment Authorization (must be filed even if you do not want
When filing a TPS application, individuals must be able to
demonstrate their identity and nationality, date of entry, and
continuous residence in the US.. Fee waivers are available
for eligible individuals who are unable to afford the costs
associated with filing. Additional information can be found at the
Fee Waiver Guidance Web page. Once an individual is
granted TPS, they are required to re-register during each
re-registration period to maintain their TPS benefits.
Completing I-9s for Haitian TPS Holders: TPS
beneficiaries are required to attest to their valid U.S. work
authorization using Employment Eligibility Verification, Form
I-9. The EAD issued to
TPS beneficiaries is an acceptable document as it establishes both
identity and employment authorization under "List
A". Based upon
the Federal Register
notice, EADs with an expiration date of January 22, 2013, that
indicate category "A-12" or "C-19" have been
automatically extended for a six month period. When completing Form I-9,
employers should enter the document name, number, and expiration
date in Section 2 under List A, noting the end of the
To re-verify the employee's employment authorization when the
automatic extension of the EAD expires, employers are required to
complete Section 3 of Form I-9. Employers that participate
in E-Verify, may confirm the employment authorization of a new hire TPS beneficiary
by submitting the required information from Form I-9 to E-Verify;
however, E-Verify cannot be used to confirm employment
authorization of current employees. Employers should complete
only the re-verification required in Section 3 of Form I-9.
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