Temporary Protected Status (TPS) allows eligible foreign nationals from designated countries to live and work legally in the United States when conditions in their home countries prevent a safe return. For employers, TPS compliance extends beyond recognizing valid Employment Authorization Documents (EADs) and includes understanding automatic extensions, Federal Register notices, E-Verify status changes, Form I-9 requirements, reverification obligations, and anti-discrimination rules. This guide outlines the latest TPS designations, employment authorization updates, and employer compliance best practices to help organizations maintain accurate records, avoid costly verification errors, and remain compliant with federal immigration regulations.
What is TPS?
Temporary Protected Status (INA § 244) is a statutory humanitarian benefit authorized by the Secretary of Homeland Security for eligible foreign nationals who cannot safely return to their home country due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. Beneficiaries receive protection against removal and statutory employment authorization documents (EADs) under Category A12 (Granted TPS) or Category C19 (TPS Applicant).
What is EAD?
An Employment Authorization Document (EAD), also known as Form I-766, is an identity and work authorization document issued by U.S. Citizenship and Immigration Services (USCIS) to eligible noncitizens who are authorized to work in the United States for a specific period of time. The EAD serves as evidence of an individual’s employment authorization and may be issued under various immigration categories, including Temporary Protected Status (TPS), asylum applicants, adjustment of status applicants, and other eligible beneficiaries. Employers may accept a valid EAD as a List A document for Form I-9 purposes because it establishes both identity and employment authorization. In some cases, an EAD’s validity may be automatically extended through a Federal Register notice, requiring employers to review the applicable extension guidance rather than relying solely on the expiration date printed on the card.
Do not rely solely on the facial expiration date printed on an Employment Authorization Document (Form I-766). When the Department of Homeland Security publishes an automatic extension in the Federal Register, eligible expired cards remain facially valid List A documentation.
To help employers manage TPS compliance, the following tables summarize the current status of TPS-designated countries. Countries are organized into three categories: active TPS designations with automatic EAD extensions, court-protected TPS populations affected by ongoing litigation, and countries with expired or terminated TPS designations that may trigger Form I-9 reverification requirements.
Group A: Active Extended & Redesignated Countries (Valid & Auto-Extended)
| Country Designation | Status | Extended Validity / Expiration Date |
| El Salvador | Extended | September 9, 2026 (EAD auto-ext: Sept 19, 2026) |
| Sudan | Extended & Redesignated | October 19, 2026 (EAD auto-ext: Oct 19, 2026) |
| Ukraine | Extended & Redesignated | October 19, 2026 (EAD auto-ext: Oct 19, 2026) |
| Lebanon | Extended | November 27, 2026 (Extended 6-month initial period) |
Group B: Court Injunction & Litigation-Protected
| Country Cohort | Status | Current Validity / Operational Cut-off |
| Venezuela (2021/2023 Cohorts) | Court Injunction / Extension | October 2, 2026 (EADs issued <= 02/05/25 valid / Nov 7, 2025) |
Group C: Reached Expiration / Terminated Country Schedules
| Country / Designation | Status | Termination / Mandatory Reverification Date |
| Burma (Myanmar) & South Sudan | Terminated | August 7, 2026 |
| Somalia & Ethiopia | Terminated | August 14, 2026 (Somalia) / August 18, 2026 (Ethiopia) |
| Syria & Yemen | Terminated | July 27, 2026 (Syria) / July 20, 2026 (Yemen) |
| Honduras & Nicaragua | Terminated | September 8, 2025 (Reverification Mandatory / Past Due) |
| Nepal & Afghanistan | Terminated | August 20, 2025 (Nepal) / July 21, 2025 (Afghanistan) |
| Cameroon | Terminated | August 4, 2025 (Reverification Mandatory / Past Due) |
| Haiti | Terminated | July 27, 2026 (Prior FRN redesignation baseline: Feb 3, 2026) |
The E-Verify Status Change Report alerts participating employers when post-hire DHS administrative actions, court rulings, or statutory revocations invalidate the employment authorization of previously verified employees, most notably impacting EAD categories A12 (TPS Granted), C19 (TPS Applicant), C08 (Asylum Applicant), and C09 (Adjustment of Status).
- Bi-Weekly Sync & Report Download: Log into the E-Verify portal, navigate to the Reports tab, and generate the Status Change Report.
- Cross-Reference Internal Records: Cross-reference any Revoked Document Numbers or case alert IDs directly against your active Form I-9 and HRIS employee files.
- Initiate Supplement B Reverification: If a verified revocation match is confirmed, immediately provide written notice to the employee and request completion of Form I-9 Supplement B (formerly Section 3) with unexpired, acceptable documentation before allowing them to continue working.
Step-by-Step Form I-9 Workflow & Handbook M-274 Rules
- Section 1 (Employee Attestation): The employee checks ‘An alien authorized to work until’ and records the auto-extended date published in the Federal Register Notice (FRN) or the printed expiration date on their EAD.
- Section 2 (Employer Review & Verification): Record the document title as Form I-766 (EAD), category A12 or C19. If the card is facially expired but covered under an active FRN auto-extension, record the extended validity date in the Document Expiration Date field.
- Existing Staff (Section 2 Update): For currently employed staff whose TPS EAD is auto-extended, do NOT create a new Form I-9. In the Section 2 ‘Additional Information’ field, write ‘EAD EXT mm/dd/yyyy’ to record the new validity date. Retain a copy of the specific FRN with the audit file.
- Supplement B (Reverification): Conduct reverification no later than the auto-extension end date. The employee is entitled to present ANY valid document of their choice from List A or List C. NEVER re-verify List B identity documents.
Critical compliance warning
Under the Immigration and Nationality Act (INA § 274B), employers are strictly prohibited from:
- Demanding specific documents (e.g., insisting an employee present a new unexpired card when a facially expired EAD + FRN notice combination is valid).
- Refusing to accept valid, genuine documents that reasonably appear to be authentic.
- Pre-screening applicants or creating separate verification processes based on citizenship, national origin, or immigration status.
- Opening a new E-Verify case for Form I-9 reverification (E-Verify is for new hires only).
Employer Recommended Checklist
- Identify all employees working under TPS Category A12 or C19 and verify country of origin against active Federal Register Notices.
- Update Section 2 Annotations by ensuring ‘EAD EXT mm/dd/yyyy’ notations and FRN copies are attached to active Form I-9 records for extended cohorts.
- Assign HR compliance to review and act on the E-Verify Status Change Report every 14 days.
- Check records for countries whose TPS has expired and schedule Supplement B reverification immediately.
- Conduct Anti-Discrimination Refresher
Disclaimer: This blog is provided for educational and compliance guidance purposes only and does not constitute formal legal counsel. Immigration regulations and Federal Register notices are subject to frequent administrative updates. Organizations should consult qualified legal counsel or visit uscis.gov/i-9-central for specific case determinations.
Vijay Thakkar has more than 12 years of HR Operations experience, including 8 years helping employers improve their Form I-9 management and E-Verify compliance, especially for mergers & acquisitions, internal and external I-9 audits, training and development, migration to the electronic system, I-9 escalations, quality checks, strategic planning, and building standard operating procedures with a keen interest in US immigration and global mobility.
Prior to joining Experian, Thakkar has served as Levi Strauss & Co’s I-9 subject matter expert, an investigator to the behavioral health unit at the US Army, and Sustainability Analyst at his alma mater the University of Texas at Arlington from where he earned his Master’s in Human Resource Management and MBA.
