The U.S. Secretary of Homeland Security announced that it will open registration for Temporary Protected Status (TPS) for Haiti on Tuesday, Aug. 3, and extend the designation for 18 months until Feb 3, 2023. The agency posted a pre-publication notice of the designation and registration instructions. An official version will be published in the Federal Register Aug. 3

Key Points:

  • Existing TPS Haiti beneficiaries whose documentation is automatically extended through at least Oct. 4, 2021 must file a new application for TPS to ensure they retain their status.
  • Eligible Haitian nationals who are first-time applicants must demonstrate they have resided in the U.S. continuously since July 29, 2021 and continuously physically present since Aug. 3.
  • Applicants have 18 months, from Aug. 3, 2021 to Feb. 3, 2023, to register and complete Form I-821, Application for Temporary Protected Status, and they may also request an Employment Authorization Document by submitting Form 1-765.

Background: In May, DHS Secretary Alejandro N. Mayorkas announced the new TPS designation for Haiti. Under that announcement, Haitians who were continuously present in the U.S. as of May 21, 2021 would be eligible to register. In light of recent events, including the assassination this month of President Jovenel Moïse, Mayorkas extended that date so that Haitians who are continuously residing in the U.S. since July 29, 2021 and meet other criteria are eligible for TPS. Those who travel to the U.S. after July 29 will not be eligible for TPS and may be subject to deportation.

BAL Analysis: Employers should be aware of the designation and extension for affected employees. Haitian TPS applicants are encouraged to apply to USCIS as early as possible during the filing period.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact

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