Temporary Protected Status extended for certain Haitian nationals
May 17, 2011
On May 17, 2011, the Department of Homeland Security announced that it was extending Temporary Protected Status (“TPS”) for certain Haitian nationals affected by the devastating earthquake. The announcement includes the following points:|
WASHINGTON — Secretary of Homeland Security Janet Napolitano today announced the extension of Temporary Protected Status (TPS) for Haiti beneficiaries. This extension will be effective July 23, 2011 and is for an additional 18 months. It will allow these TPS beneficiaries to remain in the United States through Jan. 22, 2013. The designation of TPS for eligible Haitian nationals who had continuously resided in the United States since Jan. 12, 2010 was originally announced by Secretary Napolitano on Jan. 15, 2010 and became effective on Jan. 21, 2010. Currently, approximately 48,000 Haitian nationals with TPS reside in the United States. . . . In addition, Secretary Napolitano is re-designating Haiti for TPS — meaning that eligible Haitian nationals who have continuously resided in the United States since Jan. 12, 2011, will also be able to obtain TPS through Jan. 22, 2013. Under the original designation, TPS applicants needed to show that they had continuously resided in the United States since Jan. 12, 2010, but the re-designation now permits eligible individuals who arrived up to one year after the earthquake in Haiti to receive the protection of TPS. Many of these individuals were authorized to enter the United States immediately after the earthquake on temporary visas, humanitarian parole and through other immigration measures. . . In addition to the extension and re-designation of TPS for Haiti, DHS has taken a number of other actions to provide humanitarian assistance to Haitian nationals in the United States. DHS will soon publish a notice in the Federal Register announcing the continued suspension of regulatory requirements related to certain F-1 students who have suffered severe economic hardship as a result of the earthquake in Haiti. Originally announced in September 2010, the continued suspension of these requirements through Jan. 22, 2013, allows eligible F-1 students to obtain employment authorization, to work an increased number of hours during the school term, and if necessary, to reduce their course load while continuing to maintain their F-1 student status. F-1 students granted employment authorization will be deemed to be engaged in a full course of study if they meet the minimum course load requirements. |
Generally speaking, TPS allows beneficiaries to live and work in the U.S. temporarily until the conditions in the home country improve, allowing for their return. This is welcome relief for eligible Haitian nationals who were affected by the earthquake. Aside from allowing them to remain in the U.S., without this extension, current work authorization for Haitian nationals in the U.S. under TPS would have otherwise expired on July 22, 2011.
A number of Maine employers are currently employing workers who are in the U.S. and authorized to work under this program, and the extension of TPS may permit continued employment beyond July if proper procedures are followed by the aliens. For any seasonal employers who are employing TPS beneficiaries, this could potentially avoid interruption in work authorization in the middle of the summer. Upon application, TPS beneficiaries are issued Employment Authorization Documents (“EADs”) by USCIS, which evidence their unrestricted work authorization for the dates the TPS status remains in place. For I-9 purposes, most of the EADs currently in place for Haitian TPS beneficiaries would expire on July 22, 2011, and are generally designated as Category C19.
Please contact Matt Raynes at our Bangor, Maine office with questions.
This alert is provided as general information, and is not a substitute for legal or other professional advice.
