Error in Haitian TPS Federal Register Notice: extra steps needed for work authorization for pending applicants
Yesterday’s Federal Register Notice on Temporary Protected Status, or TPS, for Haiti contained an error affecting Haitian TPS holders who have pending applications with USCIS. Following the release of the Federal Register Notice, USCIS issued a supplemental statement. This update contains important information about what Haitian TPS holders with pending work authorization applications need to do to demonstrate they continue to have work authorization.
Requirements for current Haitian TPS holders with pending applications:
In order to show their work authorization has been automatically extended, Haitian TPS holders with pending TPS applications will need to provide the following to their employer:
- EAD bearing July 22, 2017 expiration date
- EAD application receipt (Form I-797C) from previous re-registration period (filed on or after May 24, 2017)
- A copy of the USCIS supplemental statement issued Jan. 18, 2018
- Federal Register Notice dated Jan. 18, 2018
**CLINIC also strongly advises TPS holders to keep a print copy of the supplemental statement and Federal Register Notice in their personal files (in addition to providing to their employers).
Explanation of error in Federal Register notice:
The Federal Register Notice in connection with the termination of TPS for Haiti was officially published on Jan. 18, 2018. This Federal Register notice includes a 180-day automatic extension of work authorization for current Haitian TPS holders who have an EAD with an expiration date on Jan. 22, 2018. Yesterday’s Federal Register Notice did not indicate the automatic extension of work authorization applied to TPS holders with pending applications, who only have an EAD with an expiration date of July 22, 2017 and have not yet received their new EAD (as their case has not finished processing from the prior re-registration period). Under the May 2017 TPS determination for Haiti and Federal Register Notice, these applicants would have received an automatic extension of work authorization for 180 days (valid through Jan. 18, 2018).
Following alerts from CLINIC and other advocates, USCIS issued a supplemental statement indicating, “individuals who have EADs with an expiration date of July 22, 2017, and who applied for a new EAD during the last re-registration period but have not yet received their new EADs are also covered by this automatic extension.” This means that Haitian TPS holders with pending applications and EADs with an expiration date of July 22, 2017 should receive an automatic extension of work authorization through July 21, 2018.
General re-registration information for Haitian TPS holders with pending applications:
Haitian TPS holders with pending applications need not re-register for TPS. See CLINIC’s analysis of the Haitian TPS Federal Register Notice for more general information on re-registration.
CLINIC is aware of the issues TPS holders may be facing maintaining their driver’s licenses as a result of the delays in the Federal Register Notice. We are engaged with USCIS on this matter and requesting that USCIS engage with local motor vehicle agencies immediately.
CLINIC’s TPS webpage and resources