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Haitian TPS Update: USCIS Backlog Results in Automatic 6-Month Work Authorization Extensions

USCIS will be issuing Notices of Continued Evidence of Work Authorization for certain Haitian TPS beneficiaries who applied for new EADs, but still have not received them.

In November 2017, DHS announced that Haitian Temporary Protected Status would terminate on July 22, 2019. At that time, individuals with TPS EADs that expired on January 22, 2018, were entitled to automatic extensions of their EADs for 180 days until July 21, 2018. Haitian TPS beneficiaries with EADs that expired on July 22, 2017, also were entitled to the automatic extension in certain circumstances.

It appears the USCIS has not been able to keep up with the demand for extension requests. The agency, without any formal announcement, has noted on its website that it will be automatically extending for another six months (until January 17, 2019) certain Haitian TPS EADs.

Haitian TPS beneficiaries will have work authorization valid until January 17, 2019, if:

  • The employee’s EAD has the code A12 or C19; and

  • The EAD expired on January 22, 2018; and

  • The employee applied for a new EAD during the last re-registration period: January 28, 2018, to March 19, 2018; or

  • The employee’s A12 or C19 EAD expired on July 22, 2017; and

  • The employee applied for a new EAD on or after May 24, 2017.

Because the beneficiaries entitled to this automatic extension already have applied for new EADs, the USCIS will be mailing individual Notices of Continued Evidence of Work Authorization that will confirm work authorization through January 17, 2019. These notices are being mailed during the week of July 22, 2018. Those who do not receive the new Notices within the week should contact USCIS at 202-272-8377 or the USCIS Contact Center number.

Until such Notice is received, eligible employees may provide their employers with the website notice as evidence of their automatic extensions.

Upon approval of an employee’s re-registration and EAD applications, a new EAD will be issued with an expiration date of July 22, 2019 – the final termination date of Haitian TPS.

Jackson Lewis P.C. © 2020National Law Review, Volume VIII, Number 206



About this Author

Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

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