October 3, 2012

On September 21, 2012, the Department of Homeland Security (DHS) announced that it will extend the Temporary Protected Status (TPS) designation for Haitians. Individuals who are eligible will be able to extend their TPS status for the maximum statutory period of eighteen (18) months from the current expiration date of January 22, 2013, to July 22, 2014.

DHS published a notice in the Federal Register on October 1, 2012 with further instructions. Eligible Haitians will have to complete the re-registration process within sixty (60) days of October 1, 2012, by November 30, 2012, and will also need to apply for extensions of the Employment Authorization Document (EAD).  As DHS recognizes that applicants may not receive their EAD card by the current expiration of January 22, 2013, the Federal Register Notice serves as an automatic six-month renewal of the EAD through July 22, 2013.

Additionally, DHS has stated in the notice that an applicant who has not previously applied for TPS under the Haiti designation may qualify for this period upon meeting certain criteria, including 1) at least one of the late filing criteria (e.g., at the time of the initial TPS designation, the individual was a nonimmigrant or granted any relief from removal, or the individual is now the spouse or child of a TPS-eligible individual); and 2) all TPS eligibility criteria, including continuous physical presence in the U.S. since July 23, 2011, and continuous residence in the U.S. since January 12, 2011.

TPS was first granted to Haitians in January 2010 in the wake of the 2010 earthquake that killed thousands of people and directly affected the lives of millions. DHS has determined that dangerous conditions stemming from health, safety and infrastructure issues in the wake of the earthquake persist, thus causing the agency to conclude that it would be unsafe for individuals to return home to Haiti at this time.