United States: USCIS Clarifies Automatic EAD Extension for Haitian TPS Beneficiaries

Haitian TPS beneficiaries who have an EAD with a July 22, 2017 expiration date and who applied for a new EAD during the last re-registration period but have not yet received their new card can benefit from an automatic extension of their protected status and work authorization through July 21, 2018.

Jan 20, 2018

The situation

Recognizing that many Haitian Temporary Protected Status (TPS) beneficiaries are still awaiting employment authorization documents (EADs) from the 2017 re-registration period, USCIS has confirmed that an automatic extension of protected status and employment authorization will cover this group of beneficiaries.

As we have reported, the final re-registration period for Haitian TPS beneficiaries opened on January 18, 2018. Eligible Haitian nationals have until March 19, 2018 to submit their re-registration.

Who benefits from the automatic EAD extension?

USCIS is automatically extending TPS EADs through July 21, 2018 for:

  • Haitian TPS beneficiaries with an EAD expiring on January 22, 2018; AND

  • Haitian TPS beneficiaries with an EAD that expired July 22, 2017 and who applied for a new EAD during the last re-registration period but have not received their EAD.

I-9 eligibility verification

Through July 21, 2018, when verifying the employment eligibility of Haitian TPS beneficiaries, employers may accept:

  • A TPS-related EAD with a January 22, 2018 expiration. The beneficiary may also choose to present a copy of the Federal Register notice announcing TPS re-registrationand/or a USCIS Form I-797C receipt notice indicating that the TPS-related EAD is automatically extended through July 21, 2018 (if available).

  • A TPS-related EAD with a July 22, 2017 expiration date, along with the USCIS receipt notice for their EAD application showing that the application was received on or after May 24, 2017, and a copy of the USCIS press release specifying that the automatic EAD extension applies.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.


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