On December 5, 2022, the Department of Homeland Security (DHS) announced that it has extended and re-designated Haiti for Temporary Protected Status (TPS) for 18 months. As a result, Haitian nationals (and those of no nationality who habitually resided in Haiti) already residing in the United States as of Nov. 6, 2022, will be eligible to apply for TPS. Those who have previously had an application for TPS approved will be eligible for extension of their TPS designation.

Secretary of Homeland Security Alejandro Mayorkas designated and has now redesignated Haiti for TPS due to the ongoing socioeconomic challenges, political instability, gang violence and crime, and environmental disaster currently affecting the country. TPS permits qualifying Haitian nationals who cannot safely return to their home country due to the prolonged political crisis, grave insecurity and crime, and lack of access to food, water, fuel, and health care during a resurgence of cholera to remain and work in the United States until conditions in Haiti improve.

Individuals eligible for TPS under this designation must have continuously resided in the United States since Nov. 6, 2022. Those who attempt to travel to the United States after Nov. 6 will not be eligible under this designation. Haiti’s 18-month extension and re-designation will go into effect on the publication date of the forthcoming Federal Register notice, which will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew Employment Authorization Documents (EADs) and for new applicants to submit an initial application under the redesignation and apply for an EAD. TPS applicants must meet all eligibility requirements and undergo security and background checks.

If you are a citizen or habitual resident of Haiti and believe you may be eligible to register for TPS, please contact Stephen Antwine, Esq. at Green & Spiegel for assistance at santwine@gands-us.com or (215) 395-8959

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