NEWS & ALERTS
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28 Jun2024
WASHINGTON—Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Haiti for Temporary Protected Status for 18 months, from Aug. 4, 2024, to Feb. 3, 2026, due to extraordinary and temporary conditions in Haiti. The corresponding Federal Register Notice provides information about registering for TPS as a new or current beneficiary under Haiti’s extension and redesignation.
After consultation with interagency partners, Secretary Mayorkas determined on June 3, 2024, that an 18-month extension and redesignation of Haiti for TPS is warranted because conditions that support Haiti’s designation are ongoing and that doing so was not contrary to the national interest of the United States. Several regions in Haiti continue to face violence or insecurity, and many have limited access to safety, health care, food, and water. Haiti is particularly prone to flooding and mudslides, and often experiences significant damage due to storms, flooding, and earthquakes. These overlapping humanitarian challenges have resulted in ongoing urgent humanitarian needs.
“We are providing this humanitarian relief to Haitians already present in the United States given the conditions that existed in their home country as of June 3, 2024,” said Secretary Mayorkas. “In doing so, we are realizing the core objective of the TPS law and our obligation to fulfill it.”
The redesignation of Haiti for TPS allows an estimated 309,000 additional Haitian nationals (or individuals having no nationality who last habitually resided in Haiti) to file initial applications for TPS, if they are otherwise eligible and if they established residence in the United States on or before June 3, 2024, and have continued to reside in the United States since then (“continuous residence”). 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 Feb. 3, 2026. Applicants also may apply for TPS-related Employment Authorization Documents and for travel authorization. Applicants can request an EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later.
Haitians who were not residing in the United States on or before June 3, 2024, are not eligible for such protection, and will face removal to Haiti if they do not establish a legal basis to stay.
The extension of TPS for Haiti allows current beneficiaries to retain TPS through Feb. 3, 2026, if they continue to meet TPS eligibility requirements. Current beneficiaries under TPS for Haiti must re-register in a timely manner during the 60-day re-registration period from July 1, 2024, through Aug. 30, 2024, to ensure they keep their TPS 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 who apply for a new EAD may receive it before their current EAD expires and is automatically extending through Aug. 3, 2025, the validity of certain EADs previously issued under Haiti’s TPS designation. Details will be available on USCIS.gov.
If you have one of these EADs, to get an EAD that is valid after Aug. 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 Feb. 3, 2026. If U.S. Citizenship and Immigration Services approves your newly filed Form I-765, USCIS will issue you an EAD valid through Feb. 3, 2026.
USCIS will continue to process pending applications filed under previous TPS designations for Haiti. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related 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 Feb. 3, 2026, and issue an EAD valid through the same date.
The Federal Register Notice explains eligibility criteria, timelines, and procedures necessary 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.
This extension and redesignation does not apply for anyone who was not already in the United States on June 3, 2024, and consequences continue to be enforced on those attempting to cross unlawfully or without authorization into the United States. Since the Securing the Border Presidential Proclamation and Interim Final Rule was issued in early June, over 24,000 noncitizens have been removed or returned to more than 20 countries. All irregular migration journeys, especially maritime routes, are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and policy throughout the Florida Straits and the Caribbean region, as well as at the southwest border. U.S. policy is to return noncitizens who do not establish a legal basis to remain in the United States.
If you need more information or have any questions call 407-226-3659 to schedule a free consultation at our Orlando or Tampa office.
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