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On Aug. 5, 2026, the U.S. District Court for the District of Columbia confirmed that its prior order staying the termination of Haiti’s Temporary Protected Status (TPS) designation is no longer in effect following action by the U.S. Supreme Court and the U.S. Court of Appeals for the D.C. Circuit. As a result, the court-ordered injunction that had temporarily prevented the Department of Homeland Security (DHS) from implementing its termination of Haiti TPS has been lifted. TPS beneficiaries can no longer rely on the District Court’s stay as a basis for continued protection from the termination.

However, the underlying lawsuit has not been dismissed, as the court has to rule on the core constitutional issue concerning equal protection. The District Court has directed the parties to submit a proposed schedule for further proceedings.

In November 2025, former DHS Secretary Kristi Noem announced the termination of Haiti’s TPS designation. The termination was published in the Federal Register (90 Fed. Reg 54733 (Nov. 28, 2025)) and would have ended TPS protections for Haitian beneficiaries. A group of plaintiffs challenged the termination in federal court, arguing that the decision was unlawful and seeking to prevent DHS from implementing it while the litigation proceeded.

In February 2026, the U.S. District Court for the District of Columbia issued an order staying the effective date of DHS’s termination of Haiti TPS pending judicial review. This injunction preserved TPS protections for affected nationals of Haiti while the court considered the merits of the challenge. The injunction temporarily delayed the termination and allowed Haitian TPS holders to maintain their status and corresponding employment authorization during the litigation.

On June 25, 2026, the U.S. Supreme Court ordered the TPS terminations effective July 27, 2026, and remanded to the lower court to lift the stay. Mullin v. Doe, No. 25-1083. Following receipt of the D.C. Circuit’s mandate on Aug. 4, 2026, the District Court expressly stated that its prior order staying the effective date of DHS’s Haiti TPS termination “is no longer in effect.”

What This Means

Haitian TPS beneficiaries and employers should:

  • Closely monitor DHS announcements regarding implementation of the termination.
  • Review the validity of employment authorization as well as any related government guidance.
  • Evaluate whether Haiti TPS recipients may qualify for another immigration benefit or status.
  • Consult immigration counsel regarding individualized options and compliance obligations.

While the District Court’s injunction has been lifted, the case remains active, anticipating further litigation. Haitian TPS beneficiaries and employers should continue to monitor developments closely for additional court rulings, DHS guidance, or other administrative actions which may affect the timeline.

Jackson Lewis attorneys will continue to follow this matter and provide updates as new information becomes available.

Takeaways

  • USCIS and E-Verify have issued updated employer guidance for TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen.
  • For all seven countries, employers should use July 10, 2026, as the current date for Form I-9 and E-Verify purposes.
  • Employers should not assume July 10 marks the automatic end of TPS-based employment authorization, particularly for Haiti and Syria, where litigation and agency implementation remain ongoing.

Following the U.S. Supreme Court’s June 25 decision allowing the Department of Homeland Security to move forward with terminating Temporary Protected Status for Haiti and Syria, USCIS and E-Verify have issued updated country-specific guidance for employers regarding Form I-9 and E-Verify compliance.

The agencies issued separate guidance for TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen.

Although the litigation affecting each designation differs, each notice instructs employers to use July 10, 2026, for Form I-9 and E-Verify purposes.

Notably, employers should not interpret July 10 as the automatic end of TPS-based employment authorization.

  • Haiti and Syria: Although the Supreme Court’s decision permits DHS to move forward with the TPS terminations for Haiti and Syria, USCIS has issued interim Form I-9 and E-Verify guidance while the district court proceedings continue. Once the district court injunctions are lifted and DHS implements the TPS termination notices, TPS-based employment authorization for affected beneficiaries will likely end, absent further judicial or agency action.

Employers with affected employees should:

  • Follow the updated USCIS and E-Verify instructions applicable to the employee’s TPS designation.
  • Use July 10, 2026, for Form I-9 and E-Verify purposes, as directed in the agency guidance.
  • Continue monitoring agency announcements and court developments before taking reverification or other employment action based on TPS expiration.

The July 1 USCIS and E-Verify guidance provides employers with interim compliance instructions while the litigation continues. Jackson Lewis attorneys will continue to monitor developments and provide updates as additional guidance becomes available.

Takeaways

  • The U.S. Supreme Court reversed preliminary injunctions preventing DHS from implementing the termination of Temporary Protected Status (TPS) for Haiti and Syria.
  • The Court held that the TPS statute bars judicial review of most nonconstitutional challenges to TPS designation and termination decisions.
  • However, the decision itself does not terminate employment authorization or establish new Form I-9 deadlines. Employers should await DHS implementation guidance before acting.

The U.S. Supreme Court reversed the preliminary injunctions that had prevented DHS from implementing its decisions to terminate TPS designations for Haiti and Syria. Mullin v. Doe, No. 25A952, and Trump v. Miot, No. 25A999 (June 26, 2026.) In doing so, the Court concluded that interim relief was not warranted while the litigation proceeds.

The Court held that:

  • The TPS statute bars judicial review of nonconstitutional claims challenging DHS decisions regarding the designation, extension, or termination of TPS; and
  • The plaintiffs challenging Haiti’s TPS termination were unlikely to succeed on their equal protection claim and therefore were not entitled to preliminary injunctive relief.

The Court remanded both cases for further proceedings consistent with its opinion.

However, the decision does not establish new employment authorization expiration dates, address the validity of existing TPS-based Employment Authorization Documents (EADs), or provide guidance regarding Form I-9 or E-Verify compliance. Those implementation issues remain subject to future DHS action and guidance.

Until DHS issues additional guidance, employers should:

  • Identify employees who currently rely on Haiti or Syria TPS-based employment authorization.
  • Monitor DHS, USCIS, and Federal Register announcements regarding implementation of the TPS terminations.
  • Avoid taking employment action based solely on the Court’s decision without confirming applicable DHS guidance.

Jackson Lewis attorneys will continue monitoring DHS implementation announcements and provide updates regarding TPS-related employment authorization, Form I-9, and E-Verify compliance as additional guidance becomes available. Please contact a Jackson Lewis attorney with any questions.

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.