Practice Alert: DHS Announces Extension and Redesignation of Temporary Protected Status for Haiti, Certain EADs Automatically Extended
By AILA Verification and Documentation Committee
On June 28, 2024, the Department of Homeland Security (DHS) announced the extension and redesignation of Haiti for Temporary Protected Status (TPS) for 18 months, through February 3, 2026. This extension and redesignation means that Haitians who have not yet obtained TPS and who meet the eligibility requirements may apply for TPS in the first instance, and that current TPS beneficiaries must re-register their status during the 60-day re-registration period running from July 1, 2024 to August 30, 2024.
United States Citizenship and Immigration Services (USCIS) also announced, through a Federal Register Notice, that the validity period of certain employment authorization documents (EAD or Form I-766) has been automatically extended. EADs showing category code A12 or C19, listing Haiti as the TPS country, and a “Card Expires” 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, have been automatically extended until August 3, 2025.
To obtain an EAD that is valid after Aug. 3, 2025, eligible applicants must re-register for TPS and file Form I-765, Application for Employment Authorization, following the instructions in the Federal Register notice referenced above. If approved, the EAD will be valid until February 3, 2026.
Certain TPS beneficiaries may benefit from the 540-day EAD extension found at 8 C.F.R. § 274a.13(d). It is important to note that the 540 days runs from the “Card Expires” date on the EAD itself, not any other extension date.1
The Verification and Document Liaison Committee recently published a Practice Pointer to assist members in answering the myriad questions that surround employment authorization – particularly EAD extensions – for TPS beneficiaries. The USCIS page containing information on EAD extensions for TPS beneficiaries is available here.
1 Section 5.1 of the Handbook for Employers specifically states “The extension begins on the ‘Card Expires’ date on [the] face of their EAD and generally continues for up to 540 days as applicable.” (emphasis added).