07/31/2026

Change to Immigration Status Affects Haitian Workers in Ohio

 

A change in federal immigration rules allowed by the U.S. Supreme Court is of particular interest in Ohio because of large concentrations of Haitians in communities such as Springfield and Columbus. As the federal government moves to change the EAD status of other foreign workers, this information will be relevant for those populations as well.

It will be equally important for any employer with impacted associates and families to have information about workplace requirements as well as employee help and assistance options to access and share.

The removal of Temporary Protected Status impacts these individuals and their employers by, among other things, ending their legal authorization to work in the U.S. as a result. Official federal government information states that Employment Authorization Documents for Haitian nationals with TPS status and EAD category codes of A12 or C19 expired on Monday, July 27.

 

What this means for Form I-9 and I-766 Employment Authorization Documents (EADs)

Recent Department of Homeland Security notices state:

“When completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘July 27, 2026’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Haiti webpage and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of ‘July 27, 2026’ from the Form I-9. Check back to USCIS websites regularly for updated information.” Released July 24.

“Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS Haiti beneficiaries are no longer valid. Employers completing Form I-9 must reverify TPS Haiti beneficiaries who presented these EADs and cannot continue to employ a person who does not provide proof of current employment authorization.” Update July 29.

This guidance illustrates the continuing need for employers to take careful steps for compliance with I-9 and other requirements. While federal immigration notices clearly point to an end to Haitian TPS and EADs, confusion persists because of steps required in lower courts as a result of the Supreme Court decision. Most experts, however, say that the outcome will be the same.

 

Sample I-766 Employment Authorization Document ID card used in verification

 

Fines for knowingly employing unauthorized workers can be up to $5,724 per employee for a first offense, with the amount increasing for additional offenses. Any employer with specific concerns related to actions which impact employees may wish to consult their own labor attorneys for legal guidance. If an employee is impacted by change in EAD status and is seeking a remedy, consider if a leave of absence may be preferable to termination, or if such leave may be appropriate. Allow employees the opportunity to provide valid, alternative documentation if they can.

 

Resources for impacted associates and families

Ohio Haitian Community Network: access family support, healthcare & wellness, community initiative, education and engagement services. Call (614) 600-5530 or email info@haconet.org.

Ohio Immigrant Alliance Immigrant Hotline:  call to ask questions, report ICE sightings or abuse, or find or offer help at (419) 777-4357 in English, French, Spanish and Arabic or email hotline@ohioimmigrant.org.

CRIS Ohio: Community Refugee & Immigration Services (CRIS) is an independent non-profit organization that serves the refugee and immigrant populations in Central Ohio. Visit https://www.crisohio.org or call (614) 235-5747.

Ohio Is Home: find resources and information about protecting immigrants in the Buckeye State and donate to trusted organizations, mutual aid efforts, and individual campaigns. Visit https://www.ohioishome.org/.

Individuals losing TPS status can apply for asylum or another type of immigration status now if they are eligible. 

 

OHLA shares immigration resources for employers and employees

Numerous times in 2025 and 2026, OHLA has provided alerts regarding changes to immigration policy, and possible enforcement actions. This information includes:

Resources for impacted EMPLOYEES

• Know Your Rights: If ICE Comes to Your Workplace (For Employees)
• Know Your Rights: If ICE Stops You in Public
• If ICE Visits Your Home - A Guideline for Employees
• Immigrant Legal Resource Center "Red Cards" on rights and protections under the U.S. Constitution(available in 56 languages)
• Step-by-Step Family Preparedness Plan(printable guide)
• Bullet points: Know Your Rights: If Questioned by Police, FBI, Customs Agents, or Immigration Officers
• Bullet points: Know Your Rights: If Stopped by Federal Agents
• Locate a detaineewho is currently in ICE custody or who has been in U.S. Customs and Border Protection’s custody for more than 48 hours (official federal government site)

Checklists and guides to help EMPLOYERS

• Proactive ICE Audit and Raid Preparation Checklist (download here).
• Immediate Action Steps If ICE Shows Up Checklist (download here).
• 5 Steps for Employers to Prepare for Anticipated Raids and Deportations.
• The Employer's Playbook for ICE Audits (download here).
• Expert Presentation: Essential Immigration Insights for Employers: How to Prepare for ICE Raids/Audits and I-9 Compliance (download here).

For more information or questions, email joe@ohla.org or call OHLA at 614-461-6462.