DHS Extends and Redesignates Haiti for Temporary Protected Status (TPS) — Visa Lawyer Blog — July 1, 2024
We are pleased to report that the Department of Homeland Security recently issued a notice in the Federal Register extending Haiti’s designation for Temporary Protected Status (TPS) for an 18-month period, from August 4, 2024 to February 3, 2026.
Those who qualify will be eligible to apply for an Employment Authorization Document (EAD) that is valid for the duration of the TPS country designation.
The redesignation was made based on the Secretary of Homeland Security’s assessment that Haiti faces challenges that warrant ongoing humanitarian assistance based on the regional violence and insecurity throughout the country.
Who qualifies?
You may be eligible to apply for TPS under Haiti’s designation if you continuously resided in the United States on or before June 3, 2024, and have remained continuously physically present in the United States since that date.
However, if you arrived in the United States after June 3, 2024, you are not eligible for TPS under Haiti’s designation.
It is estimated that Haiti’s redesignation will allow approximately 309,000 additional Haitian nationals to file an initial TPS application if they are otherwise eligible.
Haitian TPS recipients will also be allowed to retain their TPS benefits upon their re-registration.
First Time Applicants
Under the redesignation of TPS for Haiti, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from July 1, 2024 through February 3, 2026.
Applicants can apply for a TPS-related EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later. The I-765 form can be filed online.
Re-registration for current TPS recipients
Current beneficiaries under TPS must re-register during the 60-day re-registration period that runs from July 1, 2024, through August 30, 2024. Qualifying beneficiaries who re-register and continue to meet the TPS eligibility requirements will be able to retain their TPS benefits and employment authorization.
Re-registration is limited to individuals who previously registered for and were granted TPS under Haiti’s initial designation.
DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending work permits through August 3, 2025, the validity of certain EADs previously issued under Haiti’s TPS designation.
If you have one of these Employment Authorization Documents (EADs), to get an EAD that is valid after August 3, 2025, you must re-register for TPS and file Form I-765, Application for Employment Authorization, following the instructions in the Federal Register notice extending and redesignating Haiti for TPS through February 3, 2026.
If U.S. Citizenship and Immigration Services approves your newly filed Form I-765, USCIS will issue you an EAD valid through February 3, 2026.
Pending TPS Applications
USCIS will continue processing pending applications filed under previous Haiti TPS designations. Applicants who have a pending Form I-821 or 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 designation of TPS for Haiti, USCIS will grant the individual TPS through February 3, 2026, and issue an EAD valid through the same date.
Removal of those Without Lawful Basis
This extension and redesignation does not apply to those who were not already in the United States on June 3, 2024.
The U.S. government reminds the public that those who do not have a lawful basis to remain in the country will be removed from the United States.
For more information, please see the Federal Register Notice which explains the eligibility criteria, timelines, and procedures for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.
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