United States: USCIS Extends EAD Validity for Haiti TPS Beneficiaries After Court Ruling
February 4, 2026
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At a glance
- USCIS has auto-extended the validity of existing employment authorization documents (EAD) until further notice for certain Haiti TPS beneficiaries, according to the agency’s website.
- The agency announcement follows a recent federal district court order that postponed the Department of Homeland Security’s termination of TPS for Haiti, which was to have taken effect on February 3.
The issue
U.S. Citizenship and Immigration Services (USCIS) is providing automatic extensions until further notice of certain Employment Authorization Documents (EAD) for beneficiaries of Haiti Temporary Protected Status (TPS) pursuant to a new district court order. The agency announced the auto-extensions on its website, citing the February 2, 2026 federal district court order that stayed DHS’s termination of TPS for Haiti while litigation on the legality of the termination continues. The district court case is Lesly Miot v. Trump, Case No. 1:25-cv-02471 (D.D.C., filed July 30, 2025).
EADs for Haiti TPS beneficiaries with an original expiration 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 are auto-extended until further notice.
It is expected that USCIS will file an appeal of the district court order.
Depending on the course of an appeal, employers may have a short window for Form I-9 reverification and re-employment for affected beneficiaries.
Fragomen is monitoring the litigation and will provide updates on further developments.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
