Jan. 26, 2023: Federal Register Notice for Haiti TPS 18-Month Extension and Redesignation Published

Last Updated

January 27, 2023

Key information:

  • Haiti Temporary Protected Status, or TPS, was extended for 18 months and redesignated, from Feb. 4, 2023, through Aug. 3, 2024.
  • To maintain TPS through the 18-month period, current Haitian TPS holders will need to re-register during the 60-day re-registration period, which runs from Jan. 26, 2023, through March 27, 2023.
  • Current Haitian TPS holders who have Employment Authorization Documents, or EADs, with a Feb. 3, 2023, expiration date receive an automatic extension of their work authorization through Feb. 3, 2024.
  • The redesignation of Haiti allows additional individuals who have been continuously residing in the United States since Nov. 6, 2022, and continuously physically present in the United States since Feb. 4, 2023, to obtain TPS, if otherwise eligible. The registration period for first-time applicants under the redesignation will remain open from Jan. 26, 2023, through Aug. 3, 2024.

 

REDESIGNATION (ELIGIBILITY AND REGISTRATION PROCESS FOR HAITIAN NATIONALS WHO DO NOT CURRENTLY HAVE TPS):

Eligibility based on redesignation:

  • To be eligible for TPS under the redesignation, applicants must submit an Application for Temporary Protected Status (Form I-821) and pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)) AND:
    • Be a Haitian national or individual having no nationality who last habitually resided in Haiti;
    • Have continuously resided in the United States since Nov. 6, 2022; and
    • Have been continuously physically present in the United States since Feb. 4, 2023.
  • However, otherwise eligible individuals are not eligible if they:
    • Have been convicted of any felony or two or more misdemeanors committed in the United States;
    • Are found inadmissible under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
    • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity; or
    • Fail to meet the continuous physical presence and continuous residence in the United States requirements.

Procedures for registration:

  • The registration period for Haitian nationals eligible under the redesignation runs from Jan. 26, 2023, through Aug. 3, 2024. Eligible Haitian nationals are encouraged to apply as early as possible during the registration period.
  • Haitian nationals who are newly filing for TPS under the redesignation must pay the $50 fee for the Application for Temporary Protected Status (Form I-821) or submit a Request for a Fee Waiver (Form I-912).
  • Applicants age 14 and over must also submit a biometrics service fee, which is $85. Individuals unable to pay the biometrics fee may submit a Request for a Fee Waiver (Form I-912).
  • More information on fee waivers can be found here: www.uscis.gov/i-912.

Work authorization under redesignation:

  • Haitian nationals eligible for TPS under the redesignation may apply for work authorization when they register for TPS or at a later date.
  • TPS work authorization under this designation will be valid through Aug. 3, 2024.
  • Haitian nationals who want to obtain an Employment Authorization Document, or EAD, under TPS must file an Application for Employment Authorization (Form I-765) and pay the associated $410 fee (or submit a Request for a Fee Waiver (Form I-912)).
  • More information on fee waivers can be found here: www.uscis.gov/i-912.

 

EXTENSION (CURRENT HAITIAN TPS HOLDERS):

Procedures for re-registration:

  • The 60-day re-registration period for CURRENT Haitian TPS holders runs from Jan. 26, 2023, through March 27, 2023.
  • To re-register, current TPS holders who do not have a pending application must submit the TPS application (Form I-821). Current Haitian TPS holders DO NOT need to pay a filing fee with Form I-821.
  • Although current TPS holders do not need to pay a filing fee for Form I-821, TPS holders age 14 and over must submit a biometrics service fee, which is $85. Individuals unable to pay the biometrics fee may submit a Request for a Fee Waiver (Form I-912). More information on fee waivers can be found here: www.uscis.gov/i-912.
  • Exception to re-registration: Individuals who have a Haiti TPS application (Form I-821) and/or an Application for Employment Authorization (Form I-765) that was still pending as of Jan. 26, 2023, do not need to file either application again. If USCIS approves an individual’s Form I-821, U.S. Citizenship and Immigration Services, or USCIS, will grant the individual TPS through Aug. 3, 2024. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.

Work authorization:

  • TPS work authorization under this extension will be valid through Aug. 3, 2024.
  • For current Haitian TPS holders, EADs with an expiration date of Feb. 3, 2023, are automatically extended through Feb. 3, 2024.
  • Haitian TPS holders who do not have an application pending from the previous re-registration period and who wish to receive work authorization through the entire TPS designation period (through Aug. 3, 2024), must file the I-821 along with an Application for Employment Authorization (Form I-765) and pay the $410 fee and the biometrics service fee, which is $85 (or request a fee waiver). More information on fee waivers can be found here: www.uscis.gov/i-912.
  • Individuals who have a Haiti TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of Jan. 26, 2023, do not need to file either application again. If USCIS approves an individual’s Form I-821, USCIS will grant the individual TPS through Aug. 3, 2024. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.
  • Haitian TPS holders who do not have pending applications from the last re-registration period and are seeking work authorization through Aug. 3, 2024, are encouraged to submit Form I-765 when they submit their Form I-821 and biometrics fee as soon as possible during the 60-day re-registration period.
  • Haiti TPS holders may apply for work authorization through Aug. 3, 2024, at a later time (after the 60-day re-registration period closes on March 27, 2023), but risk having gaps in employment authorization.  

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