United States | USCIS posts updates regarding EAD validity dates for Haiti TPS, automatic EAD extensions for TPS beneficiaries

U.S. Citizenship and Immigration Services has published an update on the termination of Temporary Protected Status (TPS) designation for Haiti dated March 13, extending the validity dates for Employment Authorization Documents (EADs) per court order.

According to the update, “The validity of 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. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).”

The update also provides further instructions for completing the expiration date fields on Form I-9 and completing a case in E-Verify: “When completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘March 27, 2026’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Haiti webpages and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of ‘March 27, 2026’ from the Form I-9. Check back to USCIS websites regularly for updated information.”

The guidance states that it supersedes the update on Haiti’s TPS termination posted on Feb. 14, 2026. Although the USCIS TPS country page for Haiti has not been updated at the time of today’s post, individuals should also check this page for current information.

Employers are encouraged to consult with their BAL attorney for case-specific guidance. Litigation remains ongoing, and BAL will continue to monitor and provide updates as more information becomes available.

USCIS TPS page update on EAD automatic extensions

USCIS has posted a TPS page update following the interim final rule published by the Department of Homeland Security “ending the practice of automatically extending EADs for aliens filing renewal applications in certain employment authorization categories,” effective Oct. 30, 2025.

The update states, “If you have a TPS-based EAD and maintain TPS status, and your renewal application was pending on or filed after July 22 but before Oct. 30, 2025, your automatic extension is limited by H.R. 1 to 1 year or the duration of TPS, whichever is shorter. You cannot claim the full 540-day extension, even if it is listed on your Form I-797C notice.”

However, the “up-to-540-day automatic extension” still applies if the Form I-797C receipt notice has a “Received Date” of July 21, 2025, or earlier.

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

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