United States | USCIS updates Haiti TPS page noting auto-extension of EAD validity dates

U.S. Citizenship and Immigration Services has updated its Temporary Protected Status Designated Country: Haiti webpage following a federal court order on Feb. 2, 2026, pausing the Secretary of Homeland Security’s termination of Temporary Protected Status (TPS) designation and related benefits for Haiti.

Key takeaways:

Federal court stays Haiti TPS termination. On Feb. 2, 2026, the U.S. District Court for the District of Columbia in Miot et al. v. Trump et al. (No. 25-cv-02471-ACR (D.D.C.) “grants plaintiffs a renewed motion for a stay under 5 U.S.C. § 705, Dkt. 81.,” effectively pausing the Secretary of Homeland Security’s TPS termination decision for Haiti published in the Federal Register on Nov. 28, 2025, with the termination date effective Feb. 3, 2026.

Employment authorization document validity dates automatically extended. According to the USCIS update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti with an original expiration date of Feb. 3, 2026, Aug. 3, 2025, Aug. 3, 2024, June 30, 2024, Feb. 3, 2023, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, July 22, 2019, Jan. 22, 2018, or July 22, 2017, is extended per court order.”

E-Verify webpage provides additional Form I-9 guidance. The E-Verify webpage provides additional guidance on completing certain Form I-9 fields regarding the extended expiration dates, including the following instructions: “Employers may download the alert and TPS Haiti webpages and attach them to Form I-9.”

BAL will continue to monitor related developments and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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