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The U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, from August 4, 2024 to February 3, 2026. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary negative conditions, such as armed conflict or an environmental disaster, that prevent nationals of that country from returning safely or prevent the country from handling their return adequately. There are currently several countries designated for TPS, including El Salvador, Nicaragua, Honduras, and Haiti.  

Qualifying individuals from Haiti may re-register for TPS status by filing Form I-821 during the period from July 1 to August 30, 2024. Applicants can also apply for a new Employment Authorization Document (EAD) by submitting Form I-765. 

The EAD of Haitian nationals is automatically extended through August 3, 2025, if the individual has an EAD based on TPS Haiti with a Category of A-12 or C-19 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

To obtain an EAD valid after August 3, 2025, holders of these EADs must re-register for TPS and file Form I-765, Application for Employment Authorization.

When completing Form I-9 using an automatically extended EAD prior to August 4, 2025, for a new hire, the USCIS advises as follows:

  1. In Section 1, the employee checks “A noncitizen authorized to work until,” writes the automatic extension date (August 3, 2025) in the first space, and writes the A-number in the second space.
  2. In Section 2, the employer records the document title (Employment Authorization Document), issuing authority (DHS), records the document number, and records the automatically extended EAD expiration date (August 3, 2025).

By August 4, 2025, the employer will have to re-verify the employee’s authorization to work.

For an existing employee who presented a TPS EAD that was valid at the time of hire and qualifies for the automatic extension, the USCIS recommends the following Form I-9 procedure:

  1. In Section 2, the employer writes EAD EXT and August 3, 2025, as the last day of the automatic extension in the Additional Information field, and initials and dates the correction.

By August 4, 2025, the employer must re-verify the employee’s authorization to work.

The update to the Form I-9 is not considered a reverification. Employers do not reverify the employee until either the automatic extension has ended, or the employee presents a new document to show continued employment authorization, whichever is sooner. By August 4, 2025, when the employee’s automatically extended EAD has expired, employers are required by law to reverify the employee’s employment authorization on Form I-9.

Employers who participate in E-Verify may receive a “Work Authorization Documents Expiring” case alert. For existing employees with TPS EADs that have been automatically extended, USCIS instructs employers to disregard the E-Verify case alert by clicking the red X in the “dismiss alert” column and to follow the instructions above explaining how to correct the Form I-9. Although employers will have to reverify the employee’s work authorization by August 4, 2025, the employer should not use E-Verify for reverification.

USCIS reminds employers that they cannot require employees to present proof of their Haitian citizenship.