Takeaways

  • Current work authorization remains valid, for now.
  • Employers should update Form I-9s with specific notations according to USCIS and E-Verify guidance (updated expiration and “as per court order”).
  • Employers should handle E-Verify consistently and use the updated expiration date from the I-9 in E-Verify cases.

USCIS and E-Verify have published coordinated employer guidance confirming how to handle I-9 and E-Verify compliance for current Temporary Protected Status (TPS) beneficiaries.

TPS for Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria

Federal courts in Illinois, Massachusetts, New York, and the District of Columbia have stayed, or paused, the planned termination of Burma, Ethiopia, Haiti, Somalia, South Sudan and Syria’s TPS.

TPS for the six countries was slated to end on the following dates:

  1. Nov. 21, 2025 – Syria
  2. Jan. 5, 2026 – South Sudan
  3. Jan. 26, 2026 – Burma
  4. Feb. 3, 2026 – Haiti
  5. Feb. 13, 2026 – Ethiopia
  6. March 17, 2026 – Somalia

The court stays preserve TPS protections and work authorization for Burmese, Ethiopian, Haitian, Somalian, South Sudanese, and Syrian TPS holders while litigation continues.

Form I-9

The guidance directs employers to complete Section 1 and Section 2 on I-9s as follows:

New Hire Instructions:

  • Section 1 (“Expiration Date”) – input “as per court order”
  • Section 2 (“Expiration Date (if any)”) – input as follows:
    • Burmese TPS holders: “March 30, 2026”
    • Ethiopian TPS holders: “April 8, 2026”
    • Haitian TPS holders: “March 27, 2026”
    • Somalian TPS holders: “March 31, 2026”
    • South Sudanese TPS holders: “April 10, 2026”
    • Syrian TPS holders: “March 24, 2026”

Existing Employee Instructions:

  • Additional Information Box or Supplement B: Add a note saying “as per Court Order” and referencing USCIS guidance.

These updates apply even if the EAD shows an earlier printed expiration date. The court orders extend validity through the new respective dates. Do not ask employees for updated documents unless a final court determination or new DHS or USCIS guidance changes the situation.

Employers may attach a printed copy of the USCIS Alert (see Burma Alert, Ethiopia Alert, Haiti Alert, Somalia Alert, South Sudan Alert, and Syria Alert) and the country-specific TPS page (see TPS Burma page, TPS Ethiopia page, TPS Haiti page, TPS Somalia page, TPS South Sudan page, and TPS Syria page) to the I-9 file for documentation.

E-Verify

The E-Verify updates (see Burma, Ethiopia, Haiti, Somalia, South Sudan, and Syria) echo the I-9 approach for new hires:

  • When creating or updating a case for a TPS holder, use the expiration dates from Section 2 of the I-9, as listed above, in the E-Verify case.
  • Do not treat the earlier printed date on the EAD as the controlling expiration for E-Verify purposes.

Do not run a second E-Verify for existing employees.

Practical Compliance Tips for HR Teams

  • Track and document guidance – Save and attach the USCIS and E-Verify Alerts to your I-9 files for audit readiness.
  • Litigation is ongoing – USCIS and E-Verify may revise instructions. Check country-specific TPS pages and subscribe to GovDelivery alerts.
  • Avoid discriminatory practices – Do not initiate reverification or adverse action just because of the original termination date on the EAD. This can raise the risk of discrimination allegations under federal law.

As Burmese, Ethiopian, Haitian, Somalian, South Sudanese, and Syrian TPS holders remain work authorized, employers must update existing I-9s and E-Verify cases according to the court and agency guidance — not revert to the old expiration dates printed on EADs. Proper notation and documentation now will help avoid compliance gaps if the legal landscape shifts later due to the litigation.

Jackson Lewis attorneys will continue to monitor court developments and DHS guidance and provide updates as they occur.