January 29, 2023

The Department of Homeland Security (DHS) has posted a Federal Register notice regarding Temporary Protected Status (TPS) for Haiti. This notice provides individuals with information on registering or re-register for TPS. It also explains what employers and applicants can expect with work authorizations for Haitians. This notice follows last month’s announcement that extended and re-designated Haiti’s TPS status.

The registration process for TPS began on January 26, 2023. As a result, all individuals requesting TPS status under this designation must file applications. So far, the DHS estimates the TPS extension will affect approximately 107,000 current beneficiaries through the new expiration. In addition, it may include 105,000 potential beneficiaries to register for TPS.

Existing beneficiaries must extend their status to ensure they retain their TPS and work authorization. Under this extension, the DHS will automatically extend TPS beneficiaries’ current Employment Authorization Documents (EADs) through February 3, 2024. This automatic extension will ensure that current registrants do not experience a gap in work authorization should their new EAD fail to arrive before their documents expire.

According to the Federal Register Notice, to complete the employment eligibility verification process (Form I-9) using these automatically extended documents, employers and workers must follow these steps:

1. “For Section 1, you should:
1. Check ‘An alien authorized to work until’ and enter February 3, 2024, as the ‘expiration date’; and
2. Enter your USCIS number or A-Number where indicated. (Your EAD or another document from DHS will have your USCIS number or A-Number printed on it; the USCIS number is the same as your A-Number without the A prefix.)

1. For Section 2, employers should:
1. Determine if the EAD is auto-extended by ensuring it is in category A-12 or C-19 and has a ‘Card Expires’ date of February 3, 2023;
2. Write in the document title;
3. Enter the issuing authority;
4. Provide the document number; and
5. Write February 3, 2024, as the expiration date.”

Before starting work on February 4, 2024, employers must reverify workers’ employment authorization on Form I-9. Employers must also remember that they may not request proof of TPS registration during this process. Furthermore, employers must accept any acceptable combination of List A, B, or C documentation that appears to be facially genuine and related to the employee.

Keeping up with these changing rules and regulations can prove challenging for employers. The best way to help ensure employers remain in compliance is to incorporate an electronic I-9 management tool into the HR process. This tool can help guide employers through the process and provide storage and reminders when action is required.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.

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