TPS extended for Haiti, with caveat

The Department of Homeland Security extended Temporary Protected Status (TPS) for nationals of Haiti for an additional six months this week, but also hinted that the designation could be discontinued upon the next review.

Key dates and deadlines:

• TPS for eligible Haitian nationals (and non-nationals who have habitually resided in Haiti) has been extended for an additional six months through Jan. 22, 2018.
• The 60-day reregistration period for current Haitian TPS holders to extend their status runs from May 24 through July 24. Individuals who reregister within this period will have their employment authorization documents automatically extended until Jan. 18, 2018.
• In its announcement, DHS said that during the six-month extension, Haitian nationals should prepare to return to Haiti in the event that TPS is not extended again. DHS will review Haiti’s TPS designation at least 60 days before Jan. 22, 2018 and decide to extend, redesignate or terminate the status.

Background: Haiti was designated for temporary protected status Jan. 21, 2010 following a 7.0 magnitude earthquake. Upon review, the secretary of Homeland Security determined that the country has made progress but still suffers the aftereffects of the earthquake as well as damage from Hurricane Matthew in October.

Details on reregistration for current Haiti TPS holders may be found at the USCIS website or in the Federal Register notice.

In the notice, the agency said that “during this six-month extension, beneficiaries are encouraged to prepare for their return to Haiti in the event Haiti’s designation is not extended again, including requesting updated travel documents from the Government of Haiti.”

BAL Analysis: Employers should be aware of the extension of employment authorization for eligible TPS holders. Individuals intending to extend their TPS status should do so as soon as possible to avoid lapses in their status and employment authorization.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.

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