Changes to TPS for Haiti and Impact on Employment Authorization

According to an advance copy of a notice from the Department of Homeland Security (DHS), Secretary Kristi Noem is partially vacating the June 4, 2024 decision of former DHS Secretary Alejandro Mayorkas that extended the designation of Haiti for Temporary Protected Status (TPS) and the new designation of Haiti for TPS. Former Secretary Mayorkas had extended the designation of Haiti for TPS for 18 months – to February 3, 2026 – and also newly designated Haiti for TPS for the same 18-month period – to February 3, 2026. DHS is now partially vacating the June 4, 2024 announcement and reducing the designation period from 18 months to 12 months. Under the new announcement, the TPS designation for Haiti will expire on August 3, 2025. The change impacts approximately 500,000 Haitian nationals in the United States.

TPS beneficiaries under the Haiti TPS designation who have already received employment authorization documents (EADs) with a February 3, 2026 expiration date will only remain authorized to work through August 3, 2025. USCIS will not issue new EADs with the August 3, 2025 expiration date. Employers who accepted an EAD with the TPS category code of A-12 or C-19 that expires on February 3, 2026, must update their records – Form I-9 – to reflect an expiration date through August 3, 2025.

According to the advance notice, DHS will review the Haiti TPS designation by June 4, 2025. If DHS fails to do so, there is an automatic six-month extension of the current TPS designation.