UPDATE (7/2/25): A federal judge in New York on Tuesday found that the U.S. Department of Homeland Security did not have the authority to partially vacate Haiti’s TPS status. According to Judge Brian Cogan (a George W. Bush appointee), it was unlawful for the DHS to have shortened the TPS designation period from its original expiration of February 3, 2026, to August 3, 2025. This decision could mean a return to the February 3, 2026, expiration date, but that could be temporary. We expect the DHS to appeal, and seek review by the U.S. Supreme Court if necessary.
The U.S. Department of Homeland Security has announced that Temporary Protected Status for Haiti will terminate approximately two months from now, on September 2.
In July 2024, the DHS under the Biden Administration extended and redesignated Haiti for TPS status for an 18-month period. But on February 20, 2025, after President Trump took office, the extension and redesignation were shortened to 12 months, with an expiration date of August 3. And with the latest announcement the TPS status will terminate entirely on September 2.
Under the July 2024 extension and redesignation, some Haitian TPS beneficiaries had been issued Employment Authorization Documents that would have expired on February 3, 2026. The Trump Administration action in February 2025 meant that the EADs were valid only through August 3 and that employers were required to update their I-9 records and perform reverification by August 3.
Today’s notice indicates that employment authorization is automatically extended during the 60-day transition period. Haitian TPS beneficiaries can show their eligibility for the auto-extension with EAD cards that have category codes of A-12 or C-19, plus one of the following card expiration dates:
- February, 3, 2026
- August 3, 2025
- 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
- July 22, 2017
Effective September 2, employers will need to reverify any affected employees. Employees who cannot provide valid I-9 documentation will no longer be able to work.
PartnerJustin represents employers in developing visa strategies that support recruiting and operational needs. He advises on temporary and permanent visa options and works closely with clients in technology, manufacturing ...
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