United States: DHS Announces End of Temporary Protected Status for Haiti

Haiti was most recently designated for TPS in August 2021 due to the extraordinary and temporary conditions within Haiti.  In July 2024, the former administration extended and redesignated Haiti for TPS for an 18-month period from August 3, 2024 through February 3, 2026.  Earlier this year, Secretary Noem shortened that designation from 18 months to 12 months by partially vacating the former administration’s decision and announcing TPS for Haiti would expire on August 3, 2025 rather than the previously scheduled expiration date of February 3, 2026.  Secretary Noem asserted that the former DHS Secretary failed to sufficiently justify the need for the maximum 18-month extension of benefits to be granted to Haiti TPS beneficiaries.

DHS recognizes that Haitian TPS beneficiaries continue to be employment-authorized during the 60-day transition period. Accordingly, through the Federal Register notice, DHS automatically extends the validity of certain EADs previously issued under the TPS designation of Haiti through September 2, 2025.

As proof of continued employment authorization through September 2, 2025, TPS beneficiaries can present an EAD that has the notation A-12 or C-19 under Category and a “Card Expires” date of February 3, 2026, August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017.

Employers will need to reverify the employment eligibility of any employees who presented Haitian TPS EADs with a code A-12 or C-19 that expire on August 3, 2025 as proof of work authorization, and update their records to indicate the new expiration date of September 2, 2025.