Employers Must Adjust I-9 Records as Haitian TPS Work Permits Shortened

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Key Takeaways

• DHS shortened Haiti’s TPS validity to 12 months; EADs now expire on August 3, 2025, not February 3, 2026.
• Employers must update impacted Forms I-9 and re-verify EAD work authorization by or before August 4, 2025.
• Haitian TPS holders must present updated authorization post-August 3, 2025, or cease employment; no new EADs will be issued.

On February 20, 2025, Department of Homeland Security (DHS) Secretary Kristi Noem announced a change to Haiti’s Temporary Protected Status (TPS). This change shortened the TPS validity period for Haiti from 18 months to 12 months. The announcement has important consequences for employers with workers relying on TPS-related Employment Authorization Documents (EADs). The validity period for these EADs, which previously ended on February 3, 2026, now expires on August 3, 2025. Employers must urgently adjust their Form I-9 processes to align with this updated timeline.

What Does the Change Mean for TPS Holders from Haiti?

Employers Must Adjust I-9 Records as Haitian TPS Work Permits Shortened

Under the adjusted TPS designation, EADs for Haitian TPS holders that display category codes A12 or C19 and the expiration date February 3, 2026, are now valid only up to August 3, 2025. The U.S. Citizenship and Immigration Services (USCIS) announced that it will not reissue updated EAD cards reflecting the new August 3, 2025 expiration date. This places the responsibility on employers to update their records and take action to meet the revised requirements.

Employers’ Responsibilities

Employers must act quickly to ensure compliance with federal employment laws stemming from this adjustment. The following responsibilities are particularly important:

Update Form I-9: Employers need to amend completed Forms I-9 for employees with EADs affected by the change. For each impacted form, the employer must write in Section 2—Additional Information the updated expiration date of August 3, 2025. Employers should then initial and date this correction.
E-Verify Updates: When creating cases for newly hired employees with TPS-based EADs, employers must enter the document details from Form I-9 but indicate the new expiration date of August 3, 2025.
Form I-9 Re-verification: By or before August 4, 2025, employers must re-verify the work authorization status of employees with EADs showing February 3, 2026, as the expiration date. This re-verification requires acceptable alternative documents under the I-9 process.
Internal Recordkeeping: Employers must also update their record systems and note, for internal purposes, that affected employees’ TPS-related work authorization expires on the new date.

Failure to comply with these steps could result in legal risks during audits or inspections tied to employment eligibility verification.

Guidance for Completing the I-9 Corrections

For affected employees, employers should locate the original Form I-9. In the Additional Information field (Section 2), the following note must be included: “EAD EXP 08/03/2025 per Fed. Reg. notice of 02/24/2025.” The correction must be accompanied by the employer’s initials and the date of amendment. Notably, employers should avoid creating new E-Verify cases for existing employees whose EADs remain valid until August 3, 2025.

By correctly updating Form I-9, employers ensure that the worker authorization documents are legally accurate and up-to-date.

Impacts on Haitian TPS Beneficiaries

The reduction of the TPS designation period creates challenges for many workers. Haitian TPS holders relying on EADs showing February 3, 2026, as the expiration date must cease employment after August 3, 2025, unless they present new work authorization. For some, pending TPS applications and accompanying Forms I-765 (Application for Employment Authorization) filed under the July 1, 2024 notice continue to be processed. Approved applications will result in EADs showing the revised August 3, 2025 expiration date, not the previously expected February 3, 2026.

These changes significantly impact the duration of employment authorization for TPS beneficiaries. Haitian TPS applicants and holders are advised to remain vigilant, track key dates, and ensure they meet eligibility requirements for continued work in the U.S.

DHS Announcement and Policy Changes

DHS Secretary Kristi Noem’s decision to adjust the timeline was officially recorded on February 24, 2025, in the Federal Register (90 FR 10511). The earlier designation from July 2024 had extended Haiti’s TPS status through February 2026, with an estimated 520,694 Haitians eligible at that time. However, DHS’s change effectively shortened the extension period by six months. Employers should take into account how this impacts both ongoing employment and workforce planning.

Practical Actions for Employers to Stay Compliant

Employers relying on workforces that include Haitian TPS holders should prioritize compliance with Form I-9 requirements and prepare for upcoming deadlines. Taking the following actionable steps can minimize disruptions:

Conduct Immediate Audits: Employers should review existing I-9 forms to pinpoint any employees impacted by the TPS adjustment. Flag those with Category Code A12 or C19 EADs expiring February 3, 2026.
Implement Tracking Procedures: Deploy systems to monitor upcoming deadlines and alert HR personnel to the August 3, 2025 cutoff.
Communicate with Employees: Employers must proactively inform affected workers about the adjustments, including the need to present valid work authorization for any work beyond August 3, 2025.
Prepare for Re-verification: Employers should plan the Form I-9 re-verification processes required for employees to remain authorized for employment after the expiration date.
Update HR Training: Ensure hiring managers and HR teams are fully trained on handling these TPS-related employment eligibility updates.

Challenges Employers Might Face

Adapting to this reduced TPS timeline might present various operational and logistical challenges, especially for employers managing a larger workforce. First, the February 2025 announcement gives employers roughly five-and-a-half months to identify and update all impacted forms. This relatively short time frame requires urgent action. Second, re-verifying employees adds administrative burdens, particularly when navigating the complexities of valid alternative documentation. Finally, employers will need to carefully communicate these changes while remaining sensitive to the personal circumstances and concerns of Haitian TPS holders.

Missteps in compliance can lead to enforcement penalties or disruptions in workforce continuity. Employers should approach this process with thorough planning.

Conclusion

The shortened TPS designation period for Haiti underscores the need for employers and TPS beneficiaries to re-evaluate existing work authorization and compliance processes. Key implications include updating Form I-9 records, preparing for re-verification, and managing workforce planning ahead of the August 3, 2025 deadline. Proactive measures, like conducting immediate audits and aligning internal systems with updated requirements, will help employers meet their legal obligations while minimizing risk.

Employers should also anticipate possible updates from DHS or USCIS and ensure that they remain informed of the latest immigration law guidelines. For official guidance on TPS and EAD verification, employers can visit the USCIS resource page at https://www.uscis.gov/i-9-central. Additionally, consulting with immigration legal experts may be helpful for more complex cases.

Finally, the adjusted timeline highlights the importance of employers fostering transparent, clear communication with Haitian TPS employees to facilitate smooth transitions and ensure compliance with updated federal regulations. As reported by VisaVerge.com, these changes impact both employers’ operational procedures and the livelihood of TPS holders, making proactive compliance essential.

Learn Today

Temporary Protected Status (TPS) → A U.S. immigration status granted to nationals of countries experiencing unsafe conditions, allowing temporary residence and work authorization.
Employment Authorization Document (EAD) → An official card issued by USCIS permitting eligible individuals to work legally in the U.S.
Form I-9 → A U.S. federal form employers use to verify an employee’s identity and legal work authorization.
Re-verification → The process of confirming an employee’s continued eligibility to work in the U.S. after their prior authorization expires.
Federal Register → The official U.S. government journal that publishes regulations, legal notices, and updates on policies or rules.

This Article in a Nutshell

The Department of Homeland Security’s reduction of Haiti’s Temporary Protected Status (TPS) from 18 to 12 months impacts employers and TPS workers. Employment Authorization Documents now expire August 3, 2025, instead of February. Employers must urgently update Form I-9, re-verify authorization, and revise processes to stay compliant, ensuring smooth transitions for affected employees.
— By VisaVerge.com