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  4. Temporary Protected Status Designated Country: Haiti

Temporary Protected Status Designated Country: Haiti

ALERT: On Dec. 5, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension of Haiti for TPS for 18 months, from Feb. 4, 2023, through Aug. 3, 2024, and the redesignation of the country for TPS. For additional information, please see the Federal Register notice.

ALERT: On Nov. 10, 2022, DHS posted a Federal Register Notice announcing that beneficiaries under the Temporary Protected Status (TPS) designations for Haiti in 2011, El Salvador, Honduras, Nepal, Nicaragua, and Sudan in 2013 will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen No. 19-cv-731 (N.D. Cal, March 12, 2019 ) remain in effect, provided they remain individually eligible for TPS.

On Nov. 10, 2022, DHS posted a Federal Register Notice announcing that beneficiaries under the Temporary Protected Status (TPS) designations for Haiti in 2011, El Salvador, Honduras, Nepal, Nicaragua, and Sudan in 2013 will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen No. 19-cv-731 (N.D. Cal, March 12, 2019 ) remain in effect, provided they remain individually eligible for TPS. DHS also has automatically extended through June 30, 2024, the validity of Employment Authorization Documents (EADs) and other TPS-related documentation for TPS beneficiaries affected by these court orders. Eligible TPS beneficiaries granted TPS under the 2011 designation of Haiti who are covered by the Ramos injunction and who would like an EAD with the extended validity date of June 30, 2024, must file Form I-765, Application for Employment Authorization, with the appropriate filing fee (or obtain a fee waiver). You may request a fee waiver by completing Form I-912, Request for Fee Waiver, and submitting it with the Form I-765. (This notice does not apply to individuals who were granted TPS for the first time under the new Haiti TPS designation in 2021. They retain TPS in accordance with their USCIS approval notices.)

On Sept. 14, 2020, in Ramos et al. v. Wolf et al., 975 F.3d 872 (9th Cir., Sept. 14, 2020) (PDF, 374.01 KB), a panel of the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s injunction prohibiting DHS from terminating 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.

If necessary, DHS will continue to issue appropriate future notices to comply with court orders.

Beneficiaries of the Haiti and Sudan designations may wish to register for TPS under the new 2021 (Haiti) and 2022 (Sudan) designations for their countries in order to help ensure their TPS continues in the event the Ramos preliminary injunction is no longer in effect and if the Secretary should extend TPS again for those two countries after appropriate review of country conditions.

For additional information, please see the Nov. 2022 Federal Register Notice, specific TPS country pages on the USCIS website, and the Update on Ramos v. Nielsen webpage.

TPS Continues Through:

Aug. 3, 2024, for those who were granted TPS under the new designation for Haiti announced in the Jan. 26, 2023, FRN (88 FR 5022). 

In addition, as long as the preliminary injunction ordered by the court in Ramos et al. v. Nielsen et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) remains in effect, the 2011 TPS designation of Haiti will also continue for beneficiaries affected by those court orders.

Re-Registration Period: Jan. 26, 2023, through Mar. 27 2023.
Registration Period: Jan. 26, 2023, through Aug. 3, 2024, for those applying for TPS under the designation announced in the Jan. 26, 2023 FRN ((88 FR 5022).
Employment Authorization Document (EAD) Auto-Extended Through:

June 30, 2024, for current beneficiaries under the 2011 TPS designation for Haiti whose documents, as specified, have been automatically extended by the Nov. 2022 FRN.

Note: EAD's issued with a Feb. 3, 2023 expiration to individuals who registered for TPS for the first time under the 2021 new designation of Haiti are automatically extended through Feb. 3, 2024.

Continuous Residence Date in U.S. Since: Nov. 6, 2022
Continuous Physical Presence in U.S. Since: Feb. 4, 2023
TPS Designation Date: Feb. 4, 2023

Federal Register Notice Citations:

  • 86 FR 41863 (Aug. 3, 2021)
  • 85 FR 79208 (Dec. 9, 2020)
  • 86 FRN 50725 (Sep. 10, 2021)
  • 87 FR 68717 (Nov. 16, 2022)
  • 88 FR 5022 (Jan. 26, 2023)

When to File for TPS

If you currently have TPS under Haiti’s designation and would like to keep your TPS, you must re-register during the 60-day re-registration period that runs from Jan. 26, 2023 through Mar. 27, 2023. We encourage you to re-register as soon as possible within the 60-day re-registration period.

If you are applying (TPS) under Haiti’s designation, effective Feb. 4, 2023, you must register during the 18-month registration period that runs from Jan. 26, 2023, through Aug. 3, 2024. 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, you may file Form I-821, Application for Temporary Protected Status, online. When filing an initial TPS application or re-registering for TPS, 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 filing a paper application 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 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 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 June 30, 2024
Jan. 22, 2018 June 30, 2024
July 22, 2019 June 30, 2024
Jan. 2, 2020 June 30, 2024
Jan. 4, 2021 June 30, 2024
Oct. 4, 2021 June 30, 2024
Dec. 31, 2022 June 30, 2024

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 1 of the expiration dates noted in the chart above. When you present your automatically extended EAD to your employer, you may refer them to this Federal Register Notice that shows that we have extended your EAD and employment authorization through June 30, 2024.

EADs issued with a Feb. 3, 2023 expiration date to individuals who registered for TPS for the first time under the 2021 new designation of Haiti.

USCIS has automatically extended the validity of employment authorization documents (EADs) issued with a Feb. 3, 2023, expiration date under the TPS designation of Haiti through Feb. 3, 2024. If your EAD is covered through this automatic extension, you may continue to use your existing EAD through Feb. 3, 2024, as evidence you are authorized to work.

To prove that you are authorized to work in the United States, you may show the following documentation to your employer. Government agencies may also accept these documents if they need to determine your immigration status:

  • Your TPS-related EAD with a Feb. 3, 2023, expiration date; and
  • A copy of the Federal Register notice announcing the automatic extension.

Your employer may rely on the Federal Register notice as evidence of the continuing validity of your EAD. Go to the Documentation Employers May Accept and Temporary Protected Status Beneficiaries May Present as Evidence of Employment Eligibility page for more information.

If we approve your TPS re-registration application and you paid the fee for a new EAD (or if we approved your fee waiver request), we will issue you a new EAD with the expiration date of Aug. 3, 2024.

For more information on TPS eligibility requirements, what to file, and step-by-step instructions on submitting a re-registration or initial TPS application package, go to the TPS page.

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 June 30, 2024
Jan. 23, 2017 July 22, 2018 June 30, 2024
Jan. 23, 2018 July 22, 2019 June 30, 2024
July 23, 2019 Oct. 4, 2021 June 30, 2024
Oct. 5, 2021 Dec. 31, 2022 June 30, 2024

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 we have finally withdrawn or denied your TPS.

Information for TPS Beneficiaries Granted under the 2011 Haiti TPS Designation Regarding Re-registration

If you were granted TPS under the Haiti 2011 designation which is the subject of the Ramos litigation, your TPS currently continues through June 30, 2024 or as long as the Ramos injunction remains in effect. However, if you wish to remain eligible for TPS in the event that the injunction is no longer in effect, you may re-register under the new designation of Haiti. To do so, you must file Form I-821, Application for Temporary Protected Status, so USCIS may determine your continued TPS eligibility.

However, 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 the Federal Register Notice then your TPS does continue and your documents are valid through June 30, 2024. If you failed to file for re-registration in 1 of the noted time periods and file your Form I-821 now, we 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, we 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 a June 30, 2024, expiration date. Similarly, we will issue EADs with a June 30, 2024, 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.

Related Links

More Information

  • भट्टराइ बिरुद्द नेल्सन मुद्दाबारे पछिल्लो जानकारी (PDF, 1.44 MB)
  • Dènye Nouvèl sou Plent Ramos Kont Nielsen an (PDF, 379.44 KB)
  • تحديث بشأن راموس ضد نيلسين (PDF, 480.83 KB)
  • Peyi ki Kalifye pou Pwogram TPS lan (Zafè Pwoteksyon Pwovizwa): Ayiti
  • Re-Registration Period Now Open for Haitians with Temporary Protected Status
  • La période de réinscription est maintenant ouverte pour les Haïtiens bénéficiant du statut de protection temporaire
  • Peryòd Re-Enskripsyon Louvri Kounye pou Ayisyen ak Estati Pwoteksyon Tanporè

Forms

  • I-821, Application for Temporary Protected Status
  • I-765, Application for Employment Authorization
  • I-131, Application for Travel Document
  • I-912, Request for Fee Waiver
  • I-601, Application for Waiver of Ground of Inadmissibility
  • In-Country Refugee/Parole Processing for Central American Minors

Tools

  • My Case Status
  • Additional Information on Filing a Fee Waiver
  • TPS Avoid Scams Flier (PDF, 34.69 KB)

Non-USCIS Links

  • Department of Justice, Immigrant and Employee Rights Section
Last Reviewed/Updated:
01/26/2023
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