• Insights

United States: DHS Extends and Redesignates Haiti for Temporary Protected Status, Extends Relaxed Employment Options for Haitian F-1 Students

January 25, 2023

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 (DHS) has extended and redesignated Haiti for Temporary Protected Status (TPS), from February 4, 2023 through August 3, 2024. 
  • The initial registration period for new TPS applicants will run from January 26, 2023 through August 3, 2024. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
  • Current Haitian TPS beneficiaries who wish to extend their benefits will be required to re-register by March 27, 2023. Those whose EADs expire on February 3, 2023 will receive an automatic extension, through February 3, 2024.
  • DHS is also extending the suspension of 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 extended its 2021 Temporary Protected Status (TPS) designation for Haiti and redesignated the country for 18 months, from February 4, 2023 through August 3, 2024, according to a notice scheduled for publication in the Federal Register. Current Haitian TPS beneficiaries will have 60 days, from January 26, 2023 through March 27, 2023, to request an 18-month extension of status and work authorization. New applicants will have from January 26, 2023 through August 3, 2024 to apply for initial TPS status and related employment authorization documents (EADs) and travel permission.

DHS has determined that conditions in Haiti warrant continued and renewed Temporary Protected Status (TPS), due to the ongoing political, economic, security, and humanitarian crises that prevent Haitian nationals from safely returning to their country. This extension and redesignation are separate from an earlier 2010 Haiti TPS designation that has been subject to litigation and was recently extended to June 30, 2024. DHS encourages eligible individuals to apply for all TPS designations available to them.

Relatedly, DHS is also extending the suspension of certain employment authorization rules for Haitian nationals in F-1 status who are experiencing severe economic hardship due to the continuing crisis Haiti.

TPS eligibility and application process for new applicants

Newly eligible Haitian nationals can apply for initial TPS status if they can demonstrate continuous residence in the United States since November 6, 2022, and continuous physical presence in the United States since February 4, 2023. 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) during the initial registration period, which runs from January 26, 2023 through August 3, 2024. Applicants may also apply for EADs and 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 an August 3, 2024 expiration date.

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

Re-registration process for current TPS holders

Current Haitian TPS beneficiaries can continue to extend their status and work authorization provided that they previously registered for TPS under the designation for Haiti and their application was granted. 

  • Who may re-register: Re-registration is limited to those who previously registered for and were granted TPS under the designation for Haiti.
  • When to re-register: Current Haitian TPS beneficiaries must submit Form I-821 to USCIS between January 26, 2023 and March 27, 2023.
  • Extending employment authorization: Beneficiaries who wish to extend their employment authorization must also submit a timely Form I-765application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
  • Pending TPS and/or EAD applications from prior registration period: There is no need for a foreign national with a pending TPS and/or EAD application to file a second application in order to benefit from the extension. For applications that are pending when the re-registration period begins on January 26, 2023, approval notices and document expiration dates will reflect the latest expiration date of August 3, 2024.
  • Automatic EAD extensions: As DHS recognizes that re-registrants may not receive new EADs before their current cards expire, DHS is providing an automatic extension, through February 3, 2024, for EADs bearing a Category code of A-12 or C-19 and an expiration date of February 3, 2023. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD. 

Extension of relaxed employment options for certain Haitian students in F-1 status

Separately, DHS is renewing its suspension of certain employment authorization rules for Haitian students in F-1 status who are experiencing severe economic hardship as a result of the crisis in Haitian. The relaxed employment authorization rules for such students, which were set to expire on February 3, 2023, have been extended through August 3, 2024.

Under the relaxed rules, qualifying Haitian F-1 students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load, while continuing to maintain their F-1 nonimmigrant student status. DHS will deem students who obtain employment authorization under this policy to be engaged in a “full course of study” if the student maintains the minimum course load requirements described in the Federal Register notice extending the policy.

To qualify, F-1 students must establish that they:

  • Are citizens of Haiti (or individuals having no nationality who last habitually resided in Haiti);
  • Were lawfully present in the United States in F-1 status on January 26 , 2023;
  • 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 School Official (DSO) to work off campus may apply for an EAD by submitting the required application form and corresponding fee (or fee waiver request). F-1 students employed on campus do not need to apply for an EAD but do require DSO authorization.

Looking ahead

The extension and redesignation 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 August 3, 2024. Prior to the conclusion of the 18-month extension, DHS will review conditions to determine whether the TPS designation for Haiti should be extended again or terminated.

Haitian nationals in F-1 status should contact 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

Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for The Leadership Lifecycle.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more
Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for The Leadership Lifecycle.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more
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
Important Updates
Important Updates
August 24, 2026 | United StatesUnited States: Federal District Court Vacates State Department’s 75-Country Immigrant Visa Ban
August 24, 2026 | United StatesFragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development
August 24, 2026 | NamibiaNamibia: New Investor and Business Owner Permit Introduced
August 24, 2026 | United KingdomPeople Management: Unpacking the New Overseas Talent ‘Concierge’ Service
August 24, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Several Activities and Professions
August 24, 2026 | United StatesUnited States: Federal District Court Vacates State Department’s 75-Country Immigrant Visa Ban
August 24, 2026 | United StatesFragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development
August 24, 2026 | NamibiaNamibia: New Investor and Business Owner Permit Introduced
August 24, 2026 | United KingdomPeople Management: Unpacking the New Overseas Talent ‘Concierge’ Service
August 24, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Several Activities and Professions
August 24, 2026 | United StatesUnited States: Federal District Court Vacates State Department’s 75-Country Immigrant Visa Ban
Subscribe

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.