DHS Extends And Redesignates Haiti For TPS, Extends Relaxed Employment Options For Haitian F-1 Students

The issue

Secretary of Homeland Security Alejandro N. Mayorkas has extended and redesignated Haiti for Temporary Protected Status (TPS) for 18 months, from August 4, 2024 through February 3, 2026. According to an advance copy of a Federal Register notice, current Haitian TPS beneficiaries will have 60 days, from July 1, 2024 through August 30, 2024, to file for TPS and for related employment authorization documents (EADs) and travel permission. New, eligible TPS applicants may register under the redesignation from July 1, 2024 through February 3, 2026. DHS and the Department of State have deemed the TPS extension and redesignation warranted due to the extraordinary and temporary humanitarian crisis conditions in Haiti.

Relatedly, DHS is also suspending certain employment authorization rules for Haitians in F-1 status who are experiencing severe economic hardship due to the ongoing crisis in the country. An advance copy of the Federal Register notice implementing that change is also available.

TPS eligibility and application process for new applicants

Haitian nationals can apply for TPS under the new designation if they can demonstrate that they have continuously resided in the United States since June 3, 2024, and have been continuously physically present in the United States since August 4, 2024.

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 registration period from July 1, 2024 through February 3, 2026. 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.

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 of 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 July 1, 2024 and August 30, 2024 (inclusive).
• Extending employment authorization: Beneficiaries who wish to extend their employment authorization for 18 months must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
• Automatic EAD extensions: DHS is providing an automatic extension, through August 3, 2025, for EADs bearing one of several expiration dates for Haiti TPS listed in the Federal Register notice and bearing an A-12 or C-19 category. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD.
• 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 July 1, 2024, approval notices and document expiration dates will reflect the latest expiration date of February 3, 2026.

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

Separately, Haitian citizens in lawful F-1 student status will continue to benefit from relaxed employment authorization rules if they are experiencing severe economic hardship due to the ongoing crisis in Haiti. 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. The relief will remain in effect from August 4, 2024 to February 3, 2026. To qualify, F-1 students must establish that they:

• Are Haitian citizens (or have no nationality and last habitually resided in Haiti);
• Are lawfully present in the United States in F-1 status on July 1, 2024;
• 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 crisis in Haiti.

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

What this means for foreign nationals

The extension and redesignation of TPS for Haiti means that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through February 3, 2026. 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.