Temporary Protected Status Designated Country: Haiti

ALERT: On May 22, 2021, Secretary of Homeland Security Alejandro N. Mayorkas announced a new Temporary Protected Status (TPS) designation for Haiti for 18 months. A Federal Register Notice (FRN) includes specific duration dates for the designation and instructions for applying for TPS.

For additional information, please see the news release.

ALERT: On Sept. 14, 2020, in Ramos et al. v. Wolf et al., No. 18-16981 (9th Cir., Sept. 14, 2020) (PDF, 374.01 KB), a panel of the U.S. Court of Appeals for the Ninth Circuit vacated an injunction prohibiting DHS from terminating Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua and Sudan. However, because the appellate court has not issued its directive to the district court to make that ruling effective, the injunction remains in place at this time.

On Sept. 10, 2021, DHS published a Federal Register notice (FRN) announcing that beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan will retain their TPS while the preliminary injunction in Ramos remains in effect, provided their TPS is not withdrawn because of individual ineligibility. In compliance with the injunction, DHS has automatically extended the validity of Employment Authorization Documents (EADs) and other TPS-related documentation for TPS beneficiaries affected by the injunction through Dec. 31, 2022. If necessary, DHS will continue to issue appropriate future notices to continue its compliance with court orders.

For additional information, please see the Sept. 10, 2021, Federal Register notice, specific TPS country pages on the USCIS website, and the Update on Ramos v. Nielsen webpage.

ALERT: On April 11, 2019, in Saget v. Trump, No. 18-cv-01599 (E.D.N.Y. April 11, 2019), the U.S. District Court for the Eastern District of New York also enjoined the termination of TPS for Haiti, pending a final decision on the merits of the case. The preliminary injunction enjoining the termination of Haiti’s TPS in Ramos v. Nielsen remains in effect as well. Thus, as required by the orders in Saget and Ramos, the TPS designation for Haiti remains in effect pending further court order. Beneficiaries under the TPS designation for Haiti will maintain their status, but they must continue to meet all the individual requirements for TPS eligibility found in INA section 244(c) and 8 CFR 244, as well as in the instructions for Form I-821, Application for Temporary Protected Status. These requirements are also described on the USCIS TPS webpage.

TPS Continues Through:

February 3, 2023, for those who were granted TPS under the new designation for Haiti announced in the Aug. 3, 2021, FRN (86 FR 41863).

In addition, as long as the preliminary injunctions ordered by the courts in Ramos et al. v. Nielsen et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), and Saget et al. v. Trump et al., No. 18-cv-01599 (E.D.N.Y. Apr. 11, 2019), remain in effect, the 2011 TPS designation of Haiti will also continue for beneficiaries affected by those court orders.

Registration Period: Aug. 3, 2021, through Feb. 3, 2023, for those applying for TPS under the designation announced in the Aug. 3, 2021, FRN (86 FR 41863).
Employment Authorization Document (EAD) Auto-Extended Through: Dec. 31, 2022, for current beneficiaries under the 2011 TPS designation for Haiti whose documents have been automatically extended by the Sept. 10, 2021, FRN. Note: Beneficiaries who are granted TPS under the May 22, 2021, designation and request a new EAD will receive an EAD valid through Feb. 3, 2023.
Continuous Residence Date in U.S. Since: July 29, 2021
Continuous Physical Presence in U.S. Since: Aug. 3, 2021
TPS Designation Date: Aug. 3, 2021

Federal Register Notice Citations:

When to File for TPS

If you are applying for Temporary Protected Status (TPS) under Haiti’s designation, effective Aug. 3, 2021, you must register during the 18-month registration period that runs from Aug. 3, 2021 through Feb. 3, 2023. We encourage you to register as soon as possible within the 18-month registration period.

Where to File

If you are applying for TPS Haiti for the first time, you may file Form I-821, Application for Temporary Protected Status, online. Only initial applicants from certain countries are eligible to file Form I-821 online. All other TPS applicants and current beneficiaries who are re-registering under the extension of a TPS designation must continue to file a paper Form I-821. When filing an initial TPS application, you can also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, online with your Form I-821.

File Online

If you are a re-registrant or an initial TPS applicant from a country that is not currently eligible for online filing of Form I-821, and you file Form I-821 online, USCIS will deny the application and retain the fee.

If you are filing for a replacement EAD for already granted TPS, or for re-registration, send your TPS package to the appropriate address in the table below:

If you... Then, mail your application to...
Are a beneficiary re-registering under the TPS designation for Haiti and you live in the following states: Florida or New York

U.S. Postal Service (USPS):

USCIS
Attn: TPS Haiti
P.O. Box 660167
Dallas, TX 75266-0167

FedEx, UPS, and DHL deliveries:

USCIS
Attn: TPS Haiti (Box 660167)
2501 S. State Highway, 121
Business Suite 400
Lewisville, TX 75067-8003

Are a beneficiary re-registering under the TPS designation for Haiti and you live in any other state

U.S. Postal Service (USPS):

USCIS
Attn: TPS Haiti
P.O. Box 24047
Phoenix, AZ 85074-4047

FedEx, UPS, and DHL deliveries:

USCIS
Attn: TPS Haiti (Box 24047)
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034-4850

Automatic Employment Authorization Document (EAD) Extension

We are automatically extending the validity of EADs with the category codes “A-12” or “C-19” and one of the expiration dates shown below that we issued to beneficiaries under the TPS designation of Haiti who continue to maintain TPS eligibility:

EAD expiration date Now valid until
July 22, 2017 Dec. 31, 2022
Jan. 22, 2018 Dec. 31, 2022
July 22, 2019 Dec. 31, 2022
Jan. 2, 2020 Dec. 31, 2022
Jan. 4, 2021 Dec. 31, 2022
Oct. 4, 2021 Dec. 31, 2022

If you are a TPS Haiti beneficiary who applied for a new EAD but you have not yet received it, you are also covered by this automatic extension as long as the EAD that you have contains one of the expiration dates noted in the chart above. When you present your automatically extended EAD to your employer, refer them to this  Federal Register notice (PDF) that shows that we have extended your EAD and employment authorization through Dec. 31, 2022.

Extensions of Other DHS Documentation

In addition to EADs, we are automatically extending the validity periods of the following Forms I-94, Arrival/Departure Record, and Forms I-797, Notice of Action (Approval Notice) under the designation of Haiti:

Beginning date of validity¹: End date of validity: Now valid until:
July 23, 2016 Jan. 22, 2017 Dec. 31, 2022
Jan. 23, 2017 July 22, 2018 Dec. 31, 2022
Jan. 23, 2018 July 22, 2019 Dec. 31, 2022
July 23, 2019 Oct. 4, 2021 Dec. 31, 2022

¹ Your Forms I-94 and I-797 may show a different beginning date of validity than those listed here if you were a late initial filer (LIF) at the time because the forms would have the date of approval of your LIF application for TPS. As long as they bear an end date of validity listed in this chart, then they are automatically extended by this Notice.

However, the extension of the validity periods above applies only if you properly filed for TPS re-registration during either the most recent DHS-announced registration period for TPS Haiti that ran from Jan. 18 through March 19, 2018, or the previous re-registration periods from May 24 through July 24, 2017, or from Aug. 25 through Oct. 26, 2015, or have a re-registration application that remains pending.

The extension does not apply if your TPS has been finally withdrawn or denied.

Information for TPS Beneficiaries Regarding Re-registration

If you wish to continue your TPS through Feb, 3, 2023 under the new designation of Haiti, you must file Form I-821, Application for Temporary Protected Status, so that USCIS may determine your continued TPS eligibility. If you re-registered for TPS under the prior 2011 Haiti TPS designation in accordance with the re-registration time periods noted above and in fn. 3 of the notice at FRN citation and date; Sept. 10, 2021, then your TPS continues and your documents are valid through Dec. 31, 2022. If you failed to file for re-registration in one of the noted time periods and file your Form I-821 now, USCIS will treat your application as a new TPS application under the new 18-month designation of TPS for Haiti. If you have a pending re-registration application, USCIS will also treat that application as an application under the new designation.

If you are a TPS Haiti beneficiary and your EAD was not automatically extended, or if you wish to apply for a new EAD, you may file Form I–765 with the appropriate fee or a fee waiver request. You may request a fee waiver by completing Form I-912, Request for Fee Waiver. If we approve your application, we will issue an EAD with an December 31, 2022, expiration date. Similarly, we will issue an EAD with a December 31, 2022, expiration date for those with pending EAD applications that we ultimately approve.

Other Immigration Options

You might be eligible for other immigration options listed on the Explore My Options page.

To apply for a lawful permanent status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.

Note on Seeking Asylum: Being granted and maintaining TPS status until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the one year filing deadline. In other words, having TPS status “stops the clock” on the requirement to file for asylum within one year of arriving in the United States, if the one-year clock has not already expired. See 8 CFR 208.4(a)(5)(iv).

Avoid Scams

Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website on the finding legal advice web page.

We don’t want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice. Visit the Avoid Scams page for information and resources.

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