TPS Extension for Haiti: Eligibility, Filing, and EAD Rules

The TPS extension for Haiti is currently in place, but only because a federal court blocked the Department of Homeland Security from ending it. If you hold Haiti Temporary Protected Status, your protection and work authorization remain valid, and for Form I-9 purposes your employer should treat your Employment Authorization Document as extended through July 1, 2026, even if the printed expiration date has passed.¹

Where Haiti TPS Stands Right Now

DHS originally extended and redesignated Haiti for TPS from August 4, 2024, through February 3, 2026. In late 2025, the administration published a Federal Register notice terminating the designation, finding the country no longer met the statutory conditions and that continuing protections was “contrary to the national interest.”² The termination was set to take effect on February 3, 2026.

On February 2, 2026, the U.S. District Court for the District of Columbia stayed the termination in Miot et al. v. Trump et al., finding the decision arbitrary and capricious, contrary to the TPS statute, and a violation of the Fifth Amendment’s equal protection guarantee.³ The government appealed and asked the D.C. Circuit to stay the district court’s order. The appellate court denied that request, noting that the government “failed to name a single concrete harm from maintaining the status quo.”⁴

The practical result: Haiti TPS remains in effect under court order. Beneficiaries keep their status and work authorization while the case moves forward. This could change if the litigation is resolved in the government’s favor, so watch USCIS announcements closely.

Your EAD and What to Tell Your Employer

Because the court order kept Haiti’s designation alive past the February 3, 2026 termination date, Employment Authorization Documents issued under Haiti TPS remain valid. This applies to EADs with a category code of A12 or C19, even if the card’s printed expiration date has passed.¹

For Form I-9 purposes, USCIS has instructed employers to enter “as per court order” in the Section 1 expiration date field and “July 1, 2026” in Section 2, with a note in the additional information box. Employers should use the same July 1, 2026 date when completing E-Verify cases. If your employer questions whether your facially expired EAD is still valid, point them to the USCIS I-9 Central page for Haiti TPS, which spells this out. An employer who refuses to accept a court-order-extended EAD may be engaging in unlawful discrimination.

July 1, 2026 is an administrative placeholder for I-9 processing, not a promise of how long protections last. The actual duration depends on how the litigation plays out, and USCIS will issue further guidance if circumstances change.

Who Qualifies

To qualify for Haiti TPS under the current designation, you have to meet two date-specific residency benchmarks. You must have continuously resided in the United States since June 3, 2024, and been continuously physically present since August 4, 2024.³ The two requirements sound alike but do different work. Continuous residence means you’ve been living here since that date without establishing a home elsewhere. Continuous physical presence means you haven’t left for extended periods since the designation took effect.

You must also be a Haitian national, or if you hold no nationality, someone who last habitually resided in Haiti.⁵ You need to be admissible as an immigrant under the general grounds, though some grounds can be waived for humanitarian purposes or family unity. And you must register during the designated registration period, or file a late registration with a written explanation.

If you already held Haiti TPS from a prior designation, you were required to re-register during the 60-day window to keep your status. USCIS may still accept a late re-registration if you can show good cause, but late filing can create gaps in your work authorization.⁶

Criminal Bars

The criminal bars are absolute. If you’ve been convicted of any felony or two or more misdemeanors committed in the United States, you are ineligible.⁵ The type of misdemeanor doesn’t matter. Two minor offenses hit the same wall as two serious ones. Juvenile delinquency findings are not convictions for immigration purposes and don’t count toward the two-misdemeanor bar. A conviction still on direct appeal may not be treated as final. The statute also bars anyone involved in persecution of others or who triggers certain national security inadmissibility grounds. None of these bars can be waived.

Brief Absences

A short trip outside the United States doesn’t automatically disqualify you. The statute treats “brief, casual, and innocent” absences as not breaking continuous physical presence. The trip must have been short and for a legitimate purpose, not the result of a deportation or voluntary departure order, and your activities abroad must not have been unlawful. You have to report all absences to USCIS so the agency can decide whether the exception applies.

How to File

The core form is Form I-821, the Application for Temporary Protected Status.⁷ If you also want work authorization, file Form I-765 (Application for Employment Authorization) at the same time. Both are available on the USCIS website, and you can file by mail to a USCIS lockbox or online through a USCIS account. The correct lockbox address depends on where you live; check the Form I-821 instructions. Online filing gives you an immediate confirmation and tends to move faster.

You’ll need documents that prove two things: your Haitian nationality and your presence in the United States since the required dates. For nationality, a valid Haitian passport, a birth certificate with a certified English translation, or a national identity card will work. For residency and physical presence, gather anything that places you here on the relevant dates. Rent receipts, utility bills, pay stubs, employment records, school transcripts, and medical records all count. Overlapping documentation across the timeline strengthens your case. Any supporting document in a language other than English needs a certified translation.

Fees and Fee Waivers

USCIS updated its fee schedule effective January 1, 2026. The filing fee for Form I-821 is now $510.⁸ The fee for Form I-765 and any biometric services fee may also have changed. Check the current USCIS fee schedule before filing, because older figures are likely outdated.

If you can’t afford the fees, you can request a waiver by filing Form I-912 (Request for Fee Waiver). You qualify if you receive a means-tested government benefit, your household income is at or below 150 percent of the Federal Poverty Guidelines, or you can otherwise demonstrate financial hardship.⁹ You only need to qualify under one category. Supporting evidence can include a benefits letter, recent tax returns, or pay stubs showing low income.

After You File

After USCIS receives your application, you’ll get a receipt notice with a case number. Use that number in the online case status tool to track progress. Most applicants are then scheduled for a biometrics appointment at a local Application Support Center, where you provide fingerprints, a photograph, and an electronic signature.¹⁰

Do not miss your biometrics appointment. USCIS treats a missed appointment as an abandoned application and will deny it unless you requested a reschedule before the appointment date or USCIS received a change of address notice. If you realize afterward that you missed it, contact the USCIS Contact Center right away. The agency may still reschedule in its discretion, weighing how long you waited to ask, whether you had a good reason, and whether denial would cause serious hardship.¹¹ “I forgot” is a much weaker argument than “I was hospitalized.” Don’t test it.

A Word on Travel

Leaving the country without advance permission is one of the fastest ways to lose TPS. Before any trip abroad, file Form I-131 (Application for Travel Documents) and wait for approval.¹² If you already hold TPS and your I-131 is approved, USCIS issues Form I-512T authorizing travel and return. If your initial TPS application is still pending, you get Form I-512L advance parole instead.

Even with approved travel authorization, real risks remain. While you’re outside the country, you could miss a request for evidence, a biometrics appointment, or other critical notices, and Customs and Border Protection has discretion over re-entry at inspection. Travel with approved advance parole will not break your continuous physical presence for TPS purposes. Unauthorized travel will.

If Your Application Is Denied

A denial isn’t necessarily the end. You can challenge the decision by filing Form I-290B (Notice of Appeal or Motion) with the Administrative Appeals Office or the USCIS office that issued the decision.¹³ The deadline is tight. You generally have 30 calendar days from the date the decision was issued, or 33 days if USCIS mailed it. The “date of service” is the mailing date, not the date you received it. USCIS will reject a late appeal unless the issuing office treats it as a motion to reopen or reconsider instead, and a late motion may be excused only if the delay was reasonable and beyond your control. Mark your calendar the day any unfavorable decision arrives.

Look Beyond TPS if You Can

TPS is temporary by design, and the current protection exists only because of a court order that could be reversed. Holding TPS does not stop you from applying for lawful permanent residence through other channels. If you have a qualifying family relationship with a U.S. citizen or permanent resident, or an employer willing to sponsor you, you can pursue a green card while keeping TPS. The two processes run on separate tracks, and TPS is not held against you in a green card application. For many Haiti TPS holders, exploring every available path to more permanent status is urgent, and an immigration attorney can evaluate whether you qualify for family-based or employment-based adjustment.

1
U.S. Citizenship and Immigration Services. Update on Termination of Temporary Protected Status for Haiti
2
Federal Register. Termination of the Designation of Haiti for Temporary Protected Status
3
U.S. Citizenship and Immigration Services. Temporary Protected Status Designated Country: Haiti
4
U.S. Court of Appeals for the D.C. Circuit. Miot et al. v. Trump – Order Denying Stay
5
Office of the Law Revision Counsel. 8 USC 1254a – Temporary Protected Status
6
U.S. Citizenship and Immigration Services. Temporary Protected Status
7
U.S. Citizenship and Immigration Services. I-821, Application for Temporary Protected Status
8
U.S. Citizenship and Immigration Services. USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees
9
U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
10
U.S. Citizenship and Immigration Services. Application Support Centers
11
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part C Chapter 2 – Biometrics Collection
12
U.S. Citizenship and Immigration Services. I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
13
U.S. Citizenship and Immigration Services. I-290B, Notice of Appeal or Motion