On Nov. 20, 2017, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. This decision follows then-Secretary Kelly’s announcement in May 2017 that Haiti had made considerable progress, and that the country’s designation will likely not be extended past six months.
With regard to continuing employment authorization based on an Employment Authorization Document (“EAD”) issued pursuant to Haitian TPS, please see our May 31, 2017 Immigration Alert discussing then Secretary Kelly’s announcement to extend the Temporary Protected Status designation for Haiti from July 23, 2017 through January 22, 2018. That Alert discussed action required by an employee to automatically extend the July 22, 2017 expiration of an EAD issued based on the Haitian TPS until January 18, 2018. The Department of Homeland Security Announcement on November 20, 2017 states that Haitians with TPS will be required to reapply for Employment Authorization Documents in order to legally work in the United States until the end of the respective termination or extension periods and that further details will appear in a Federal Register notice.
The link below provides more details regarding this future TPS termination decision.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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