Department of Homeland Security (DHS) Secretary Kristi Noem vacated a decision by the Biden administration to extend Haiti's Temporary Protect Status (TPS) by 18 months. The vacatur states that Haiti's TPS will end Aug. 3, 2025, unless extended.
TPS is a type of immigration status available to nationals of certain designated countries that allows aliens, even if they entered the country illegally, the ability to reside temporarily in the United States. The DHS secretary is authorized to designate a foreign country for TPS if there is an ongoing armed conflict, an environmental disaster, or extraordinary and temporary conditions. In August 2021, DHS estimated that 155,000 Haitians were eligible under the new designation, and as of July 2024, the estimate was 520,694.
The vacatur explicitly states:
- Forms I-765 filed pursuant to the July 1, 2024, notice that are still pending will be adjudicated. A favorable adjudication will result in the issuance of an Employment Authorization Document (EAD) bearing an expiration date of Aug. 3, 2025.
- TPS beneficiaries who have received an EAD bearing category code A12 or C19 and an expiration date of Feb. 3, 2026, may only work until Aug. 3, 2025, and, despite this change, U. S. Citizenship and Immigration Services will not issue new EADs bearing the Aug. 3, 2025, expiration date.
Practitioners and employers should be aware of the following:
- Employers that previously accepted, or are presented with, an EAD bearing category code A12 or C19 and designating Haiti with expiration date of Feb. 3, 2026, must update their records to note the document is only valid through Aug. 3, 2025.
- If a new hire or existing employee is attempting to extend their A12 or C19 EAD designating Haiti with proof of timely filing, the maximum extension period for the EAD is Aug. 3, 2025, even if it is shorter than the 540-day automatic extension period.
Employers continuing to employ individuals beyond the Haiti TPS expiration of Aug. 3, 2025, without completing the reverification process in which the employee presents a valid work authorization document (other than the Haiti TPS EAD) may face fines for knowingly continuing to employ an individual without work authorization.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
