Haiti TPS Designation Extended for 6 Months

Haiti TPS Designation Extended for 6 Months, Beneficiaries Must Apply for New EAD

Published by U.S. Citizenship and Immigration Services

The Secretary of Homeland Security has extended the Temporary Protected Status (TPS) designation for Haiti for 6 months, from July 23, 2017, through Jan. 22, 2018.

If your employee is a current beneficiary of Haiti’s designation for TPS: To be able to use his or her Form I-766, Employment Authorization Document (EAD), as evidence of employment eligibility after it expires on July 22, 2017, he or she must timely file an application to renew that EAD between May 24, 2017, and July 24, 2017. Timely filing would automatically extend the validity of the expired EAD for 180 days, until Jan. 18, 2018.

USCIS will then provide your employee a Form I-797C, Notice of Action. If the EAD and Form I-797C both contain either category code “A-12” or “C-19”. Then you must consider this combination a List A document for the purpose of Form I-9, Employment Eligibility Verification. You will need to reverify employment authorization of these employees by Jan. 18, 2018.

The Federal Register notice does not automatically extend the validity of the EAD for these beneficiaries and is not an acceptable document for Form I-9 purposes. Find further details on this extension of TPS for Haiti at https://www.uscis.gov/humanitarian/temporary-protected-status

This article is solely a partial explanation of all the issues related to the topic of this newsletter, and is not to be considered legal advice.  Persons interested in obtaining more information should consult with their legal counsel to obtain explanations of all issues addressed herein.

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