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Tuesday, June 14, 2011

Haiti receives TPS Redesignation

The USCIS has redesignated Haiti for Temporary Protected Status (TPS) and extended the country’s current TPS designation for 18 months—through Jan. 22, 2013.

Haitian nationals should review the Federal Register notice published on May 19 and the Federal Register notice published on May 23, as well as the TPS page at www.uscis.gov, regarding the redesignation of Haiti for TPS to determine whether it is necessary to file a new TPS application and Form I-765, Application for Employment Authorization.

The agency reminds employers that Haitian TPS employees with expired EADs may still be authorized to work. A May 23 Federal Register notice describing the re-registration procedures for Haitian TPS beneficiaries announced that employees from Haiti who have Temporary Protected Status (TPS) and an EAD based on TPS received an automatic six-month extension of their EADs.

To determine if an employee’s EAD has been automatically extended by the Federal Register notice, employers should do the following:

  • Look at the “Category” section on the expiring (or expired) EAD.
    • If either A12 or C19 is listed, the EAD was issued under the TPS program.
  • Look at the expiration date of the EAD.
    • If the expiration date on the EAD is July 22, 2011, then the employee is a TPS beneficiary from Haiti and his or her employment authorization has been automatically extended to January 22, 2012.
    • If a different category or expiration date is listed, then the six-month automatic extension does not apply, and the usual Form I-9 reverification rules apply upon expiration of the card.