The Department of Homeland Security (DHS) has indicated that Temporary Protected Status (TPS) for Haiti terminated as of July 27, 2026. At this time, DHS has not yet issued updated implementation guidance for employers. AHCA/NCAL is closely monitoring the situation and will share additional information as it becomes available. In the meantime, long term care providers should take a measured, individualized approach when reviewing employees' work authorization.
Who Is Affected?
Only employees whose sole basis for employment authorization is Haiti TPS are potentially affected. This generally includes Employment Authorization Documents (EADs) issued under categories A12 and C19. However, employees may hold employment authorization under a different immigration category. Employers should verify each employee's work authorization individually rather than assuming all Haitian employees are affected.
Employer Guidance
As providers evaluate their workforce, employers should:
- Review each employee's work authorization on an individual basis.
- Do not take blanket action against all Haitian employees or employees believed to be from Haiti.
- Follow standard Form I-9 reverification procedures for employees whose only basis for work authorization is Haiti TPS.
- Provide employees the opportunity to present alternative evidence of employment authorization before taking any adverse employment action.
- Maintain documentation of all reverification efforts and employment authorization decisions for each affected employee.
- If you participate in E-Verify, monitor the system for updated guidance and follow any new instructions issued by DHS.
As always, providers with complex employment authorization questions should consult qualified legal counsel to ensure compliance with federal immigration and employment laws.