Changes to Haitian TPS

On November 20th, the acting Secretary of Homeland Security, Elaine Duke announced the end of Temporary Protected Status (TPS) designation for Haiti. The order will take effect in in approximately 18 months (July 22, 2019), to allow current TPS holders time to arrangements to depart the US. The termination of TPS for Haiti comes in response to Secretary Kelly’s announcement that the country of Haiti had made significant improvements since the 2010 earthquake. Although there is disagreement within the international community about the stability of Haiti, Haitian nationals in the US with TPS are required to return to their home country before the 2019 termination date.

What is TPS?

For countries under duress, either from sustained armed conflict or devastating natural disasters, the Secretary of Homeland security may allow temporary protective status (TPS). Individuals who are eligible for TPS will not be removed from the United States for issues of immigration status. Additionally, TPS holding individuals can apply for an employment authorization document (EAD), which allows citizens of the TPS country to work legally in the US until the TPS designated time expires. TPS holders may also be able to receive travel authorization. Individuals must re-register for TPS benefits during periods of re-registration to maintain TPS. However, TPS is a temporary benefit and does not guarantee lawful permanent residence or other immigration benefits.

Employers and TPS holders

 Many companies employ workers with TPS. For employers of workers with TPS, it is important to keep updated on the status of an employee’s TPS. If an employee’s TPS is set to end, the employee must be approved for a new employment visa by the termination date of their country’s TPS. Individuals under TPS may apply for nonimmigrant status or petition for an AOS.  For some countries under TPS, (like Somalia), the USCIS will automatically extend the validity of employment authorization documents for qualified workers.