Temporary Protection for Haiti Extended and Expanded, and Employment Authorization under TPS Extended for El Salvador, Honduras, Nepal, Nicaragua, and Sudan

Due to the ongoing urgent humanitarian situation in Haiti, Secretary of Homeland Security, Alejandro N. Mayorkas, has announced the extension and expansion of Haiti for Temporary Protected Status (TPS) until February 3, 2026. Haitian nationals in the United States who currently benefit from TPS can extend their status for an additional 18 months, from August 4, 2024, to February 3, 2026. 

Current TPS beneficiaries from Haiti who wish to extend their TPS must re-register in a timely manner during the 60-day window from July 1, 2024, through August 30, 2024, in order to maintain their TPS status and authorization to work. USCIS will automatically extend the EADs of certain Haitian TPS beneficiaries through August 3, 2025, to avoid a lapse in employment authorization. Individuals with a current, pending re-registration application are not required to file any further re-registration application at this time. 

USCIS will continue to process applications pending as of July 1, 2024, under the previous designation of TPS for Haiti. Individuals with pending TPS applications (Form I-821, Application for Temporary Protected Status) or a related employment authorization application (Form I-765, Application for Employment Authorization) are not required to file either application again. Therefore, if USCIS approves a pending Form I-821 or Form I-765 under the previous designation of TPS for Haiti, USCIS will grant the individual TPS through February 3, 2026, and issue an EAD valid through the same date.

Under the expansion of the program (referred to as “redesignation”), Haitian nationals or individuals with no nationality who last lived in Haiti, who have been living in the U.S. since June 3, 2024, and have continued to be physically present and reside in the U.S. since August 4, 2024, will be able to apply for TPS. Redesignation impacts potential first-time applicants and others who are not beneficiaries of TPS. For first-time applicants, the registration period will run from July 1, 2024, through February 3, 2026. 

First-time applicants for TPS under the expansion of TPS for Haiti must submit Form I-821, Application for Temporary Protected Status during the initial registration period that runs from July 1, 2024, through February 3, 2026. Applicants may file Form I-821 online. First-time applicants can also apply for employment authorization by submitting Form I-765, Application for Employment Authorization along with their Form I-821, or separately at a later date. Applicants may also file Form I-765 online. Furthermore, individuals can also apply for travel authorization during this window. First-time applicants under the expansion will receive TPS and EADs valid through February 3, 2026. 

DHS estimates that approximately 214,000 Haitian nationals in the US presently benefit from the extension of TPS. Additionally, an estimated 309,000 Haitian nationals could benefit from the redesignation of the TPS program.

By way of background, the US government offers Temporary Protected Status (TPS) to citizens of a country when their homeland experiences persistent armed conflict (like civil war), an environmental catastrophe (such as earthquakes or hurricanes), an epidemic, or other exceptional and transient circumstances. TPS allows nationals of these countries to live and work in the United States temporarily until their home country stabilizes and they are able to return safely. More information about TPS can be found here.

Nationals of Haiti eligible for TPS are given work authorization, protection from removal, and (if eligible), travel permission. Individuals arriving in the U.S. after June 3, 2024, are not eligible for TPs under this designation.

Additionally, due to the ongoing armed conflict and grave political instability in El Salvador, Honduras, Nepal, Nicaragua, and Sudan, the U.S. Citizenship and Immigration Services (USCIS) has announced the extension of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (“TPS”) beneficiaries from these countries until March 9, 2025.

If you are a current TPS beneficiary under one of these designations and have not re-registered for TPS under the most recent extension, you must submit Form I-821, Application for Temporary Protected Status during the current re-registration period to keep your TPS benefits. DHS previously extended the re-registration periods for individuals to submit TPS applications:

  • El Salvador runs through March 9, 2025;

  • Honduras runs through July 5, 2025;

  • Nepal runs through June 24, 2025;

  • Nicaragua runs through July 5, 2025; and

  • Sudan runs through April 19, 2025.

Please note that while the re-registration periods end on different dates, EADs are all extended through the same date: March 9, 2025.

We will continue to monitor the various humanitarian programs to support displaced foreign nationals and keep you updated.

This alert is for informational purposes only.  Please contact us if you would like to discuss these developments further.

Nadia Yakoob