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USCIS and E-Verify have updated their previous coordinated employer guidance with respect to handling I-9 and E-Verify compliance for current TPS beneficiaries from Burma, Ethiopia, and Somalia.

Below are updated instructions.

Form I-9

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:
    • For Burmese TPS holders: “April 15, 2026”
    • For Ethiopian TPS holders: “April 13, 2026”
    • For Somalian TPS holders: “May 18, 2026”

Existing Employee Instructions:

  • Additional Information Box or Supplement B: Add a note referencing the court stay and USCIS guidance with the applicable expiration date.

E-Verify

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

  • When creating or updating a case for a TPS holder, use the following expiration dates from the I-9 in the E-Verify case:
    • For Burmese TPS holders: “April 15, 2026”
    • For Ethiopian TPS holders: “April 13, 2026”
    • For Somalian TPS holders: “May 18, 2026”
  • 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 case for existing employees.

Jackson Lewis attorneys will continue to monitor related developments in litigation and E-Verify/USCIS guidance and provide updates as they occur.

USCIS and E-Verify have updated their previous coordinated employer guidance with respect to handling I-9 and E-Verify compliance for current TPS beneficiaries from Haiti and Syria. Below are updated instructions.

Form I-9

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:
    • For Haitian TPS holders: “July 1, 2026”
    • For Syrian TPS holders: “July 1, 2026”

Existing Employee Instructions:

  • Additional Information Box or Supplement B: Add a note referencing the court stay and USCIS guidance with the applicable expiration date.

E-Verify

The E-Verify updates (see Haiti and Syria) echo the I-9 approach for new hires:

  • When creating or updating a case for a TPS holder, use the following expiration dates from the I-9 in the E-Verify case:
    • For Haitian TPS holders: “July 1, 2026”
    • For Syrian TPS holders: “July 1, 2026”
  • 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 case for existing employees.

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

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.

Takeaways

  • Current work authorization remains valid for now.
  • Employers should update Form I-9s with specific notations according to USCIS/E-Verify guidance (expiration “03-15-2026” and “as per court order”).
  • Employers should handle E-Verify consistently and use the 03.15.26 date from the I-9 in E-Verify cases.

Status of Haiti TPS Work Authorization

A federal court in the D.C. District has stayed the planned termination of Haiti’s Temporary Protected Status (TPS), which was slated to end on Feb. 3, 2026. This stay preserves TPS protections and work authorization for Haitian TPS holders while litigation continues.

USCIS and E-Verify have published coordinated employer guidance confirming how should handle I-9 and E-Verify compliance for current TPS beneficiaries.

Form I-9

New Hire Instructions:

Complete Section 1 and Section 2 on I-9s as follows:

  • Section 1 (“Expiration Date”): Employee enters “as per court order.”
  • Section 2 (“Expiration Date (if any)”): Employer enter “03-15-2026.”

Existing Employees Instructions:

  • Additional Information Box or Supplement B: Add a note referencing the court stay and USCIS guidance with the 03-15-2026 expiration date.

These updates apply even if the EAD shows an earlier printed expiration date like Aug. 3, 2025, or older. The court’s order extends validity through the new date. Do not ask employees for updated documents unless a final court determination or new DHS/USCIS guidance changes the situation. Employers may attach a printed copy of the USCIS Alert  and the TPS Haiti page  to the I-9 file for documentation.

E-Verify

The E-Verify update echoes the I-9 approach for new hires:

  • When creating or updating a case for a Haitian TPS holder, use the expiration date “03-15-2026” from the I-9 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 case 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 TPS Haiti 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 Haiti 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.

Takeaways

  • Haitian TPS will not end 02.03.26 after a federal court stayed DHS’s 11.28.25 termination notice.
  • Venezuela TPS is not reinstated despite the Ninth Circuit ruling, because a U.S. Supreme Court stay remains in effect pending further appeals.
  • As the latest developments show, TPS rules differ sharply by country, requiring careful, individualized employer review.

On Jan. 28, 2026, the U.S. Court of Appeals for the Ninth Circuit issued a decision holding that DHS lacked statutory authority to “vacate” prior Temporary Protected Status (TPS) designations for Haiti and Venezuela and then terminate TPS early based on those vacaturs.

Because the TPS statute does not authorize retroactive vacatur, the Ninth Circuit ruled the terminations were unlawful agency action and must be set aside nationwide.

Haiti TPS: Termination Stayed

For Haiti, the Ninth Circuit restored the pre-vacatur status quo. However, the court did not address DHS’s Nov. 28, 2025, Federal Register notice terminating Haitian TPS effective 11:59 p.m. on Feb. 3, 2026.

DHS maintained that this notice independently and lawfully ended Haitian TPS on that date. However, on Feb. 2. 2026, a federal judge in Washington, D.C. blocked DHS from enforcing its November 2025 termination notice, preserving TPS and work authorization for now.

As a result:

  • Haitian TPS does not expire on Feb. 3, 2026
  • Employment authorization tied to Haitian TPS remains valid
  • DHS may not implement the termination while the case proceeds

The District Court in D.C. concluded that the plaintiffs are likely to succeed on the merits of their case and would suffer irreparable harm absent a stay. The decision preserves the status quo while litigation continues.

This stay does not permanently resolve the future of Haitian TPS, but it removes the immediate expiration risk that employers were preparing for this week.

Venezuela TPS: U.S. Supreme Court Stay Still Controls

Although the Ninth Circuit ruled against DHS’s vacatur authority, Venezuela TPS is not restored, because a Supreme Court stay remains in effect pending completion of appellate review.

As a result:

  • Venezuela TPS is not broadly reinstated
  • Only the following individuals remain work authorized:
    • Individuals who re-registered under the Jan. 17, 2025, extension; and
    • have Form I-765 receipt notices dated on or before Feb. 5, 2025
  • For this group, employment authorization runs through Oct. 2, 2026

Unless the Supreme Court declines to hear the appeal, lifts the stay, or issues a merits decision, the Ninth Circuit ruling alone does not change Venezuela TPS eligibility or work authorization.

Bottom Line for Employers

  • Haiti TPS is temporarily protected by court order
  • Venezuela TPS remains limited by a Supreme Court stay
  • Continue country-specific, notice-specific I-9 and EAD reviews

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

The Department of State is expected to pause consular immigrant visa processing for nationals of 75 countries starting Jan. 21, 2026, according to multiple public reports. This development represents a significant expansion of the Trump Administration’s efforts that include more intensive screening and review of overseas visa applicants.

The government reportedly is undertaking a wide‑ranging reassessment of consular processing procedures, including fraud‑prevention practices, national‑security vetting, and public‑charge review standards. The countries expected to be affected span multiple regions. Consular posts within these jurisdictions will likely suspend scheduling and adjudication of immigrant visa interviews until new protocols are finalized.

This anticipated pause follows the Administration’s implementation of Presidential Proclamation 10998, which imposed full or partial visa‑issuance restrictions on 39 countries effective Jan. 1, 2026. Although this proclamation restricted both immigrant and certain nonimmigrant visa categories for designated nationalities, the expected Jan. 21 action reaches a far broader group and halts immigrant visa processing entirely at impacted consulates.

Full list of the countries impacted:

  1. Afghanistan
  2. Albania
  3. Algeria
  4. Antigua and Barbuda
  5. Armenia
  6. Azerbaijan
  7. Bahamas
  8. Bangladesh
  9. Barbados
  10. Belarus
  11. Belize
  12. Bhutan
  13. Bosnia
  14. Brazil
  15. Burma
  16. Cambodia
  17. Cameroon
  18. Cape Verde
  19. Colombia
  20. Cote d’Ivoire
  21. Cuba
  22. Democratic Republic of the Congo
  23. Dominica
  24. Egypt
  25. Eritrea
  26. Ethiopia
  27. Fiji
  28. Gambia
  29. Georgia
  30. Ghana
  31. Grenada
  32. Guatemala
  33. Guinea
  34. Haiti
  35. Iran
  36. Iraq
  37. Jamaica
  38. Jordan
  39. Kazakhstan
  40. Kosovo
  41. Kuwait
  42. Kyrgyzstan
  43. Laos
  44. Lebanon
  45. Liberia
  46. Libya
  47. Macedonia
  48. Moldova
  49. Mongolia
  50. Montenegro
  51. Morocco
  52. Nepal
  53. Nicaragua
  54. Nigeria
  55. Pakistan
  56. Republic of the Congo
  57. Russia
  58. Rwanda
  59. Saint Kitts and Nevis
  60. Saint Lucia
  61. Saint Vincent and the Grenadines
  62. Senegal
  63. Sierra Leone
  64. Somalia
  65. South Sudan
  66. Sudan
  67. Syria
  68. Tanzania
  69. Thailand
  70. Togo
  71. Tunisia
  72. Uganda
  73. Uruguay
  74. Uzbekistan
  75. Yemen 

Jackson Lewis attorneys will continue to monitor developments and provide updates as further implementation guidance is issued.

The Department of Homeland Security (DHS) has announced that Temporary Protected Status (TPS) for Burma (Myanmar), Ethiopia, Haiti, and South Sudan will end in early 2026.

Employers of TPS beneficiaries from affected countries should closely review the timelines and automatic Employment Authorization Document (EAD) extensions, summarized below in order of termination date.

Employers must ensure EADs of TPS beneficiaries are reverified for I-9 purposes and I-9 forms reflect the current expiration date for the relevant TPS program.

EADs based on TPS have A12 or C19 classification codes on the front of the card.

South Sudan

Termination date: Jan. 5, 2026

EADs with the following expiration dates are automatically extended through Jan. 5, 2026.

  • Nov. 3, 2025
  • May 3, 2025
  • Nov. 3, 2023

Burma

Termination date: Jan. 26, 2026

EADs with the following expiration dates are automatically extended through Jan. 26, 2026.

  • Nov. 25, 2025
  • May 25, 2024
  • Nov. 25, 2022

Haiti

Termination date: Feb. 3, 2026

EADs based on Haiti TPS with the following expiration dates are automatically extended through Feb. 3, 2026.

  • Feb. 3, 2026
  • Aug. 3, 2025
  • Aug. 3, 2024
  • June 30, 2024
  • Feb. 3, 2023
  • Dec. 31, 2022
  • Oct. 4, 2021
  • Jan. 4, 2021
  • Jan. 2, 2020
  • July 22, 2019
  • Jan. 22, 2018
  • July 22, 2017

Ethiopia

Termination date: Feb. 13, 2026.

EADs based on Ethiopia TPS with the following expiration dates are automatically extended through Feb. 13, 2026.

  • Dec. 12, 2025
  • June 12, 2024

TPS beneficiaries from Burma, Ethiopia, Haiti, and South Sudan should consult with immigration counsel to explore options for maintaining lawful status and work authorization.

There are several lawsuits currently pending in federal district and circuit courts seeking to prevent the termination of the TPS programs outlined above.

Jackson Lewis attorneys will continue to monitor these developments. If you have questions related to TPS programs or I-9 compliance, please reach out to your Jackson Lewis attorney.

Takeaways

  • The Trump Administration will review all green cards issued to individuals from 19 “countries of concern.”
  • The DHS has indefinitely stopped processing Afghan-related immigration requests.
  • President Trump stated his goal is to “permanently pause migration from all Third World Countries.”

U.S. Citizenship and Immigration Services (USCIS) Director Joe Edlow recently announced a realignment of policy which focuses on restricting or eliminating immigration in certain countries.

Director Edlow confirmed on X that his department will conduct a comprehensive review of all green cards issued to individuals from 19 “countries of concern.” These countries match the 19 countries identified in the president’s June Presidential Proclamation:

  1. Afghanistan
  2. Burma (Myanmar)
  3. Burundi
  4. Chad
  5. Republic of the Congo
  6. Cuba
  7. Equatorial Guinea
  8. Eritrea
  9. Haiti
  10. Iran
  11. Laos
  12. Libya
  13. Sierra Leone
  14. Somalia
  15. Sudan
  16. Togo
  17. Turkmenistan
  18. Venezuela
  19. Yemen

Director Edlow stated his review will incorporate “negative, country-specific factors,” such as the reliability of identity documents issued by these nations.

In addition, DHS has indefinitely suspended processing of immigration requests related to Afghan nationals and is reexamining asylum cases approved under the Biden Administration.

President Donald Trump emphasized that his administration’s goal is to “permanently pause migration from all Third World Countries,” revoke federal benefits for noncitizens, and pursue denaturalization of migrants deemed security risks or incompatible with U.S. values.

The Trump Administration’s stance reflects a broader effort to tighten immigration controls, focusing on perceived national security threats and cultural compatibility. Critics argue that the sweeping nature of the policy could lead to mass denials and revocations; supporters claim it is necessary to protect national security.

The immediate implementation of the Nov. 27 changes underscores the Trump Administration’s urgency in reshaping immigration policy in response to recent events.

Director Edlow’s announcement will significantly tighten immigration scrutiny for individuals from the 19 designated “countries of concern.” The extensive review means that many immigrants could experience delays, denials, or even revocation of their legal status.

Additionally, benefits for noncitizens may be revoked, and individuals deemed incompatible with United States values or security standards could face denaturalization or deportation, potentially creating widespread uncertainty for thousands of lawful residents and applicants.

It will be crucial for employers of foreign nationals from the 19 countries to closely monitor their employees’ status.

Jackson Lewis attorneys are available to assist in strategizing and filing petitions for highly skilled individuals.

On July 7, 2025, DHS Secretary Kristi Noem announced that TPS designations for Nicaragua and Honduras will not be extended. TPS designations for both countries expired on July 5, 2025.

The 60-day transition period will start on July 8, 2025. Work authorization documents based upon TPS designation for Nicaragua and Honduras will remain valid during the transition period.

The Secretary determined that country conditions in Nicaragua and Honduras have improved to the point where Nicaraguan and Honduran citizens can return home in safety.

Lawsuits were filed in response to Secretary Noem’s decisions to end TPS designations for several countries (Haiti, Venezuela). Similar legal challenges may be made to the decision to terminate TPS designations for Nicaragua and Honduras.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

A federal judge has blocked the Trump Administration from ending TPS for Haiti months earlier than initially planned under the 2024 government extension.

On June 27, 2025, Department of Homeland Security (DHS) Secretary Kristi Noem announced that she will not renew Haiti’s TPS designation. The TPS designation will expire on Aug. 3, 2025, and the termination, including work authorization documents, will be effective on Sept. 2, 2025, according to Noem.

DHS confirmed in the Federal Register Notice that Haitian TPS continue to be employment-authorized during the transition period and automatically extended the validity of certain EADs previously issued under the TPS designation of Haiti through Sept. 2, 2025.

The secretary determined that country conditions have improved to the point where Haitians can return to Haiti in safety. Based on her review, in consultation with appropriate U.S. government agencies, the secretary determined that termination of TPS for Haiti is required because it is contrary to the national interest to permit Haitian nationals to remain temporarily in the United States.

On July 1, 2025, U.S. District Judge Brian Cogan blocked the government’s attempt to end the TPS designation for Haiti on Sept. 2, 2025. Judge Cogan wrote, “Secretary Noem does not have statutory or inherent authority to partially vacate a country’s TPS designation.” The ruling concluded that DHS exceeded its authority by curtailing the TPS designation from the initial 18 months to 12 months. Therefore, the TPS designation should return to its initial February 2026 end date, the court ruled.

The government will likely appeal the decision.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.