Aug. 3, 2021: Federal Register Notice for New 18-Month Designation of TPS for Haiti Published

Key information:

• Haiti Temporary Protected Status, or TPS, was newly designated for 18 months, from Aug. 3, 2021, through Feb. 3, 2023.
• All Haitians (whether newly eligible for TPS or a previous TPS holder) must newly apply for TPS under this announcement.
• The registration period for this new Haiti TPS designation is Aug. 3, 2021, through Feb. 3, 2023.
• Current Haitian TPS holders’ documents will remain valid as long as required by litigation in the Ramos and Saget cases. However, to ensure that they maintain TPS even if the preliminary injunctions are no longer in effect, current TPS holders must newly apply for TPS under this announcement.

REGISTRATION PROCESS:

Eligibility based on new designation:

• To be eligible for TPS under the new designation for Haiti, applicants must submit an Application for Temporary Protected Status (Form I-821) and pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)) AND:
  • Be a Haitian national or noncitizen having no nationality who last habitually resided in Haiti;
  • Have continuously resided in the United States since July 29, 2021; and
  • Have been continuously physically present in the United States since Aug. 3, 2021.
• However, individuals are not eligible if they:
  • Have been convicted of any felony or two or more misdemeanors committed in the United States;
  • Are found inadmissible under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity.

Procedures for registration:

• The registration period for Haitians eligible under the redesignation runs from Aug. 3, 2021, through Feb. 3, 2023. Eligible Haitians are encouraged to apply as early as possible during the registration period.
• Important note for current Haitian TPS holders: “ALL APPLICANTS, including individuals whose TPS under the previous designation of Haiti has been continued under preliminary injunctions issued by certain courts and 85 FR 79208 (Dec. 9, 2020), should follow these instructions: You must submit an Application for Temporary Protected Status (Form I-821) as a new applicant by selecting “1.a This is my initial (first time) application for Temporary Protected Status (TPS). I do not currently have TPS,” along with the required $50 fee for Form I-821 or request for fee waiver. If your TPS is currently continuing under the court orders in Ramos and Saget, checking this 1.a. box as an initial applicant under this new designation of Haiti does not affect the continuation of your TPS while those orders remain. However, if those orders are no longer in effect applying for TPS under this Federal Register Notice will help ensure that you have TPS until the end of the designation as long as you remain eligible. USCIS understands that you do currently have TPS if you are covered by the court orders, and checking Box 1.a. will not be deemed a misrepresentation on your part.”
• USCIS offers online filing for those applying for TPS and work authorization under the new Haiti designation. Learn more here.
• All Haitians applying under this new designation (including those who previously held TPS) must pay the $50 fee for the Application for Temporary Protected Status (Form I-821) or submit a Request for a Fee Waiver (Form I-912).
• Applicants age 14 and over must also submit a biometrics service fee, which is $85. Individuals unable to pay the biometrics fee may submit a Request for a Fee Waiver (Form I-912).
• More information on fee waivers can be found here: uscis.gov/i-912.

Work authorization under the new designation:

• Haitians who wish to have work authorization under the new TPS designation period, through Feb. 3, 2023, must apply for an Employment Authorization Document. Applicants must file an Application for Employment Authorization (Form I-765) and pay the associated $410 fee (or submit a Request for a Fee Waiver (Form I-912)). More information on fee waivers can be found here: uscis.gov/i-912.
• For current Haitian TPS holders: “The TPS EADs that DHS automatically extended in the Dec. 9, 2020 compliance notice [under the Ramos litigation] will remain valid until at least Oct. 4, 2021. Employers may not reject a document based on the fact that it has been automatically extended, or due to a future expiration date.”

Legal assistance and avoiding legal services fraud:

• Haitians registering for TPS under this designation should seek qualified legal assistance and beware of fraud. A list of qualified organizations can be found here: cliniclegal.org/directory.
• More information about avoiding legal services scams is available here: cliniclegal.org/resources/protecting-your-community/unauthorized-practice-immigration-law.

Resources for help with your TPS at work, the DMV, and other public or private institutions:

• Contact a qualified legal services organization for help. A list of qualified organizations can be found here: cliniclegal.org/directory.
• For general questions about the employment eligibility verification process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at I9Central@uscis.dhs.gov.
• TPS holders can also call the Department of Justice Immigrant and Employee Rights Worker Hotline at 800-255-7688 (TTY 800-237-2515) or visit justice.gov/crt/filing-charge for questions or issues related to discrimination.