I-9 and E-Verify

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Immigration and Customs Enforcement (ICE) has updated its Form I‑9 Inspection guidance, changing how the agency classifies certain Form I‑9 errors during employer audits.

Although the underlying Form I‑9 requirements remain the same, several errors that were considered “technical or procedural” are now treated as “substantive,” which may result in penalties without an opportunity…

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…

Ohio’s new employment verification law, the ‘E-Verify Workforce Integrity Act’ (House Bill 246), will require many construction employers in the state to use the federal E-Verify system when hiring. The law, signed in December 2025, is set to take effect on March 19, 2026.

Under the new law, nonresidential construction contractors, subcontractors, and labor brokers…

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.

On Feb. 13, 2026, DHS Secretary Kristi Noem announced that Temporary Protected Status (TPS) designation for Yemen will not be extended.

This TPS designation will terminate 60 days after the notice is published in the Federal Register. During this 60-day transition period, work authorization documents based upon TPS designation will remain valid. After the 60-day…

The U.S. Court of Appeals for the Ninth Circuit has reversed a lower court’s order vacating the Department of Homeland Security’s (DHS) termination of Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua, reinstating the DHS termination.

In granting the stay pending appeal, the Ninth Circuit concluded the government is likely to succeed on the…

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…

On Dec. 31, 2025, the U.S. District Court for the Northern District of California vacated the Department of Homeland Security’s (DHS) decisions to terminate Temporary Protected Status (TPS) for Honduras, Nicaragua, and Nepal, finding that the terminations violated the Administrative Procedure Act (APA). The court concluded that DHS failed to conduct an objective assessment of…