Important Updates
Important Updates
March 19, 2026 | United KingdomPersonnel Today: Can Staff Visit the USA If They Have a Criminal Record?
March 19, 2026 | United KingdomHR World: Compliance Now: Value Beyond Risk Management
March 19, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 19, 2026 | PakistanPakistan: Suspension of Visas-on-Arrival and Visa Prior to Arrival Programs
March 19, 2026 | PolandPartner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide
March 19, 2026 | United KingdomPersonnel Today: Can Staff Visit the USA If They Have a Criminal Record?
March 19, 2026 | United KingdomHR World: Compliance Now: Value Beyond Risk Management
March 19, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 19, 2026 | PakistanPakistan: Suspension of Visas-on-Arrival and Visa Prior to Arrival Programs
March 19, 2026 | PolandPartner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide
March 19, 2026 | United KingdomPersonnel Today: Can Staff Visit the USA If They Have a Criminal Record?
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: DHS Designates Haiti for Temporary Protected Status, Expands Employment Options for Haitian F-1 Students

July 30, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • The Department of Homeland Security has newly designated Haiti for Temporary Protected Status (TPS), from August 3, 2021 through February 3, 2023.
  • Haitian beneficiaries who received TPS under the previous 2010 designation, which was slated for termination by the Trump Administration and which is the subject of ongoing litigation, are encouraged to submit new applications under the latest designation. 
  • The registration period for all TPS applicants will run for the duration of the TPS period, from August 3, 2021 through February 3, 2023. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
  • DHS has also announced that it will suspend certain employment authorization rules for Haitian students in F-1 status who are experiencing severe economic hardship as a direct result of the crisis in Haiti.

The issue

The Department of Homeland Security (DHS) has newly designated Haiti for Temporary Protected Status (TPS) for 18 months, from August 3, 2021 through February 3, 2023, according to a notice scheduled for publication next week in the Federal Register. Haitians who can demonstrate continuous residence in the United States since July 29, 2021 will be eligible to apply under the new designation.  Haitian TPS beneficiaries who received TPS in connection with a 2010 designation and have been able to continue their status in accordance with court orders are encouraged to submit new applications under the latest designation.  All applicants, regardless of whether they have held TPS status, will have the full length of the designation period to file for TPS status and for related employment authorization documents (EADs) and travel permission. 

DHS has determined that conditions in Haiti warrant a new grant of Temporary Protected Status for the country’s citizens in the United States. The deteriorating political crisis following the assassination of President Jovenel Moïse, coupled with the increase in violence and human rights abuses, and rising food insecurity, malnutrition, waterborne disease epidemics and high vulnerability to natural disasters, prevent Haitian nationals and habitual residents from returning to Haiti safely. 

Relatedly, DHS is also suspending certain employment authorization rules for Haitian citizens in F-1 status who are experiencing severe economic hardship due to the current crisis in Haiti. 

Background on Haiti and its TPS designation

Haiti was originally designated for TPS in 2010, in the wake of a major earthquake.  The designation was extended several times until January 2018, when the Trump Administration announced it would terminate Haiti from the TPS program in 2019.  The announced termination continues to be the subject of ongoing challenges in federal court, with temporary extensions granted by court order to affected Haitian nationals through October 4, 2021. 

Haitians granted TPS benefits under the 2010 designation are eligible and encouraged to apply under the new TPS designation. Though DHS has said it will continue to recognize the prior grants of TPS and will continue to extend benefits under the prior designation as required by court orders, it also notes that those benefits will terminate should the court order cease to be in effect. 

In May, DHS announced plans to designate Haiti anew for TPS, for all those who have resided in the United States since May 21, 2021.  In light of the increasing violence and unrest in Haiti this summer, DHS has broadened the requirements, making eligible Haitians who have resided in the United States since July 29, 2021.

TPS eligibility and application process for all applicants, including those who previously held TPS

By newly designating Haiti for TPS, USCIS estimates that approximately 155,000 Haitian individual will become eligible to apply or re-apply for the program.  Haitian nationals can apply for this designation if they can demonstrate that they have had continuous residence in the United States since July 29, 2021. Applicants must file a Form I-821 application with appropriate fee(s) (or request for fee waiver) with U.S. Citizenship and Immigration Services (USCIS) within the redesignation period from August 3, 2021 through February 3, 2023. Applicants may also apply for EADs and for travel authorization during this time, by submitting the corresponding forms and fee(s) or fee waiver request. TPS and its related work authorization will be approved with a February 3, 2023 expiration date. 

All individuals applying for TPS undergo security and background checks as part of determining eligibility. Biometrics collection (fingerprints) is generally required for applicants ages 14 and older.

Applicants who previously held TPS under the prior Haitian designation should indicate they are filing as an “initial (first time)” applicant. 

Validity of EADs issued under prior TPS designations

As announced in December 2020, certain Employment Authorization Documents (EADs) issued to Haitians who were granted TPS under the 2010 designation will remain valid until October 4, 2021. As such, for Form I-9 employment eligibility verification purposes, through October 4, 2021, employers may continue to accept an expired TPS-related EAD issued under a prior Haitian TPS designation, along with a copy of the December 9, 2020 Federal Register notice, an eligible expired TPS EAD, and any other required I-9 documents.  The December 2020 Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD. 

Relaxed employment authorization rules for certain Haitian students in F-1 status

Separately, Haitian citizens in lawful F-1 student status will benefit from relaxed employment authorization rules if they are experiencing severe economic hardship due to the Haitian crisis. Eligible students can request employment authorization, work an increased number of hours while school is in session and reduce their course load while continuing to maintain a “full course of study” designation. To qualify, F-1 students must establish that they:

  • Are citizens of Haiti;

  • Are lawfully present in the United States in F-1 status on August 3, 2021;

  • Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified;

  • Are currently maintaining F-1 status; and

  • Are experiencing severe economic hardship as a direct result of the current crisis in Haiti. 

    F-1 students who receive authorization from their Designated Service Officer (DSO) to work off-campus must apply for an EAD by submitting the required application form and corresponding fee. F-1 students who will be working on-campus do not need to file for an EAD, but do require DSO authorization. 

Looking ahead

The new designation of TPS for Haiti means that beneficiaries who submit a timely application and receive an approval may work and remain in the United States through February 3, 2023. Prior to the conclusion of the 18-month extension, the DHS Secretary will review conditions to determine whether Haiti’s TPS designation should be extended again. Haitian citizens in F-1 status should reach out to their school’s DSO to determine whether they can avail themselves of the relaxed employment authorization standards.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

HR World: Compliance Now: Value Beyond Risk Management

Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.

Learn more

Awards

Partner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide

Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.

Learn more

Media mentions

Personnel Today: Can Staff Visit the USA If They Have a Criminal Record?

Manager Karnig Dukmajian

Learn more

Media mentions

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

HR World: Compliance Now: Value Beyond Risk Management

Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.

Learn more

Awards

Partner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide

Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.

Learn more

Media mentions

Personnel Today: Can Staff Visit the USA If They Have a Criminal Record?

Manager Karnig Dukmajian

Learn more

Media mentions

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.