Authorization Document Cards Automatically Extended
On June 28, 2024, the U.S. Department of Homeland Security (“DHS”) announced the extension and redesignation of Haiti for Temporary Protected Status (“TPS”) for 18 months, beginning August 4, 2024 through February 3, 2026. This means Haitians who have not yet obtained TPS and who meet the eligibility requirements may apply for TPS for the first time, while existing TPS beneficiaries must re-register their status during the 60-day re-registration period running from July 1, 2024 to August 30, 2024.
The extension and redesignation was made effective on July 1, 2024 with the publication of a Federal Register notice, pursuant to which United States Citizenship and Immigration Services (USCIS) will issue new Employment Authorization Documents (“EAD or Form I-766”) with a February 3, 2026 expiration date to eligible beneficiaries granted TPS under Haiti’s designation who timely re-register and apply for EADs. Recognizing that the timeframe for processing TPS re-registration applications may result in some re-registrants not receiving a new EAD before their current EAD expires, the Federal Register notice further states that USCIS has automatically extended certain valid EADs through August 3, 2025, provided they have a category code of A12 or C19 listing Haiti as the TPS country and any of the following “Card Expires” dates:
- August 3, 2024;
- June 30, 2024;
- February 3, 2023;
- December 31, 2022;
- October 4, 2021;
- January 4, 2021;
- January 2, 2020;
- July 22, 2019;
- January 22, 2018; or
- July 22, 2017.
To obtain an EAD that is valid after August 3, 2025, eligible applicants must re-register for TPS by filing Form I-821, Application for Temporary Protected Status, and file Form I-765, Application for Employment Authorization—either with their TPS application, or separately later, if their TPS application is still pending or has been approved—based on the instructions in the Federal Register notice referenced above. If approved, the EAD will be valid until February 3, 2026.
Additionally, certain TPS beneficiaries may benefit from the 540-day EAD extension found at 8 C.F.R. § 274a.13(d). It is important to note that the 540 days runs from the “Card Expires” date on the EAD itself, not any other extension date.[1]
While providing a critical safe haven for many noncitizens, the TPS program presents a complex compliance maze for Employers documenting work authorization of TPS Employees on Form I-9, Employment Eligibility Verification. Companies should consult with counsel when documenting work authorization on Form I-9 to ensure compliance or regarding any questions or uncertainties. If you have any questions, please contact Gunster’s Immigration Law practice.
The information herein is based upon DHS Press Release, “Secretary Mayorkas Announces Extension and Redesignation of Haiti for Temporary Protected Status” (June 28, 2024); Federal Register Notice 89 FR 54484 (published July 1, 2024); and AILA Practice Alert, Doc. No. 24070204.
[1] Section 5.1 of the M-274, Handbook for Employers, specifically states “The extension begins on the ‘Card Expires’ date on [the] face of their EAD and generally continues for up to 540 days as applicable.”
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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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