The Department of Homeland Security (DHS) has announced that Temporary Protected Status (TPS) for Haiti will be extended and redesignated for 18 months from February 4, 2023, until August 3, 2024.

TPS for Haiti had been extended five times, until January 22, 2018, due to economic, security, political, health care, and humanitarian crises. DHS announced the termination of TPS for Haiti effective July 22, 2019, but that announcement was stayed by federal injunction.  As a result, the existing TPS designation for Haitians remains in effect. In 2021, Secretary Alejandro Mayorkas newly designated Haiti for TPS effective August 3, 2021, through February 3, 2023.

The most recent extension and redesignation until August 3, 2024, means that:

  • Haitians already in TPS that expires on February 3, 2023, must apply for an extension of their status and their work authorization (EADs) during the 60-day re-registration period beginning January 26, 2023, and running until March 27, 2023.
  • Even those Haitians whose TPS and EADs have been extended until June 30, 2024, due to the pending litigation should re-register during the 60-day re-registration period and apply for EADs to ensure their status and work authorization continue until August 3, 2024.
  • Those with TPS EADs expiring on February 3, 2023, are eligible for an automatic extension until February 3, 2024, while they await adjudication of their new extension applications.
  • Those with pending re-registration and employment authorization applications need not re-apply. When their cases are adjudicated, if approved, they will be extended until August 3, 2024.
  • Haitians who are not currently in TPS may make an initial application under the redesignation if they have continuously resided in the United States since November 6, 2022, can show they have been continuously physically present in the United States since February 3, 2024, and meet the other general eligibility requirements.

Reportedly, approximately 101,000 Haitians are in the United States in TPS and more than 50,000 applications from Haitians are pending with USCIS. Due to the redesignation, another 110,000 Haitians may become newly eligible for TPS.

As a reminder, Haitians who received their initial TPS designation in 2011 and had their statuses extended by DHS until June 30, 2024, based on the pending litigation also had their EADs extended until that date. That extension remains in effect and details on how to determine whether that extension applies were posted in the Federal Register on November 16, 2022.

While Haitians who are living abroad are not eligible for TPS, they may apply for humanitarian parole for up to two years if they have a financial sponsor.

Jackson Lewis attorneys are available to assist regarding the re-registration process and provide advice about when Form I-9, Employment Verification Authorization, reverification is required and how to complete the forms.