On February 20, 2025, Secretary of Homeland Security Kristi Noem announced a revision to the Temporary Protected Status (TPS) extension and redesignation for Haiti. This update shortens the TPS period from 18 months to 12 months, setting a new expiration date of August 3, 2025, instead of the originally planned date of February 3, 2026. Additionally, the initial registration period for new applicants under the redesignation will now close on August 3, 2025.
Understanding Temporary Protected Status (TPS)
TPS provides work authorization and protection from removal for eligible individuals from designated countries experiencing ongoing armed conflict, natural disasters, or other extraordinary conditions.
The automatic extension of TPS ensures that renewal applicants avoid employment gaps while awaiting USCIS processing. Employers may continue employing TPS beneficiaries with Employment Authorization Documents (EADs) linked to designated countries, even if the printed expiration date has passed, as long as the EAD qualifies under the extension. Affected TPS beneficiaries should receive a Form I-797 Notice of Action from USCIS, which serves as official proof of continued work authorization.
Next Steps for Employers
To remain compliant with TPS-related employment verification, employers should take the following actions:
- Form I-9 Compliance – Continue using standard Form I-9 procedures for employment verification. Employees with extended TPS status should present their valid EAD along with the Form I-797 Notice to confirm ongoing work authorization.
- E-Verify Considerations – Employers participating in E-Verify should enter the EAD document number from Form I-9 and use the automatically extended expiration date when creating a new case.
- Monitor TPS Updates – Regularly review USCIS announcements regarding TPS designations and extensions to ensure proper documentation and compliance with employment authorization requirements.
- Employee Communication – Inform affected employees about the revised TPS timeline and guide them on presenting appropriate documentation to maintain work authorization.
Legal challenges may arise regarding the decision to shorten Haitian TPS. Staying informed about TPS developments helps employers maintain compliance while supporting affected employees. For additional guidance, employers should refer to official USCIS resources or consult with an immigration attorney.
