Yesterday, the Department of Homeland Security (DHS) announced the vacatur of the July 1, 2024 notice extending and redesignating Temporary Protected Status (TPS) for Haiti. The vacatur, which will be published in an upcoming edition of the Federal Register (an advanced copy is available here), explicitly states that:

• Forms I-765 (Application for an Employment Authorization Document) (EAD) filed pursuant to the July 1 notice that are still pending will be adjudicated. A favorable adjudication will result in the issuance of an EAD bearing an expiration date of August 3, 2025.

• TPS beneficiaries who have received an EAD bearing category code A12 or C19 and an expiration date of February 3, 2026 may only work until August 3, 2025 and United States Citizenship and Immigration Services (USCIS) will not issue new EADs bearing the August 3, 2025 expiration date.

• Employers that previously accepted, or are presented with, an EAD bearing category code A12 or C19 and an expiration date of February 3, 2026 must update their records to note the document is only valid through August 3, 2025.

As a service to our valued clients, upon request, BIG can provide clients with a list of employees who presented an EAD bearing an expiration date of February 3, 2026. Clients can then review the individual Forms I-9 to determine which expiration dates need to be updated.

Posted: February 21, 2025

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