USCIS Updates Temporary Protected Status Expiration Guidance Following Supreme Court Decision

Background

The U.S. Supreme Court’s June 25, 2026, decision in Mullin v. Doe cleared the way for DHS to proceed with Temporary Protected Status (TPS) terminations for Haiti and Syria, while signaling broader implications for other TPS designations. TPS allows eligible nationals of designated countries to live and work temporarily in the United States. Once TPS-based work authorization lapses, continued employment can create I-9, civil fine, audit, and federal contracting risk.

New Developments

USCIS’s July 10 updates supersede prior guidance and confirm that affected TPS beneficiaries retain TPS status and employment authorization for now, under court-ordered extensions, while the lower courts align with the U.S. Supreme Court’s decision in Mullin v. Doe.

For employers, the practical takeaway is USCIS’s updated Form I-9 and E-Verify guidance:

• Syria, South Sudan, Yemen, Ethiopia, Burma, and Somalia: Employers should use July 17, 2026, as the new Employment Authorization Documents (EAD) expiration.
• Haiti: Employers should use July 24, 2026, as the new EAD expiration.

Employer Guidance

Employers should take the following steps as soon as possible:

• Identify affected employees. Review Form I-9 records for employees whose work authorization is based on TPS for an affected country.
• Update tracking systems. Track the appropriate EAD expiration date based on the new guidance.
• Calendar reverification. Set reverification reminders before the applicable date.
• Document the I-9 update. Follow the country-specific USCIS instructions and consider attaching the relevant USCIS alert and TPS country page to the employee’s Form I-9 file.
• Avoid document-specific requests. Continue to accept any valid, current document showing employment authorization that the employee chooses to present.
• Monitor USCIS updates. The status of affected individuals’ TPS and employment authorization remains tied to active litigation and may change as the cases proceed.

Employers with affected employees should work closely with experienced immigration counsel to confirm work authorization, make I-9 and E-Verify updates, assess alternative status options where appropriate, and prepare for reverification before the applicable deadline this month.

The lawyers of Ballard Spahr’s Immigration practice guide regional, national, and international corporations, as well as individuals, through all aspects of immigration and nationality law. They work with employers in all industries to develop immigration programs that help clients build and retain the most talented workforce possible.

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