Important Updates
Important Updates
May 14, 2026 | United KingdomUnited Kingdom: Children Can Now Use Passport E-Gates
May 15, 2026 | AustraliaAustralia: Federal Budget for 2026-27 Released
May 15, 2026 | ChileChile: Expedited Business Visa Implemented for Indian Nationals
May 15, 2026Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership
May 15, 2026 | RomaniaRomania: New Unified Work Permit System and Online System Implemented
May 14, 2026 | United KingdomUnited Kingdom: Children Can Now Use Passport E-Gates
May 15, 2026 | AustraliaAustralia: Federal Budget for 2026-27 Released
May 15, 2026 | ChileChile: Expedited Business Visa Implemented for Indian Nationals
May 15, 2026Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership
May 15, 2026 | RomaniaRomania: New Unified Work Permit System and Online System Implemented
May 14, 2026 | United KingdomUnited Kingdom: Children Can Now Use Passport E-Gates
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

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Video

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Podcast

Reality Check Pt. 2: Immigration Law in Pop Culture

Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.

Learn more

Media mentions

Bloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers

Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.

Learn more

Video

Portugal Extends Citizenship Timeline | #MobilityMinute

In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.

Learn more

Media mentions

Global Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェストLearn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Video

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Podcast

Reality Check Pt. 2: Immigration Law in Pop Culture

Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.

Learn more

Media mentions

Bloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers

Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.

Learn more

Video

Portugal Extends Citizenship Timeline | #MobilityMinute

In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.

Learn more

Media mentions

Global Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェスト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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • 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.