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USCIS has updated its guidance to clarify that automatic extensions of TPS based EADs are now significantly reduced for many beneficiaries due to three major changes: Country specific Federal Register notices DHS interim final rule effective Oct. 30, 2025 Implementation of the One Big Beautiful Bill Act (H.R. 1) on July 22, 2025 As a result, many TPS applicants can no longer rely on the longer, up to 540 day automatic EAD extensions previously available. Key Change: 1 Year Limit on Certain Automatic Extensions If you have TPS, hold a TPS based EAD, and filed your EAD renewal on or after July 22 but before Oct. 30, 2025, USCIS will only grant an automatic extension of: Up to 1 year, or The remaining duration of the country’s TPS designation,whichever is shorter. Even if your Form I 797C receipt notice lists a 540 day extension, you cannot use it if it falls under this time window. Exception: Renewal Applications Received on or Before July 21, 2025 If your I 797C receipt notice shows a Received Date of July 21, 2025, or earlier, then: The up to 540 day automatic extension still applies. However, any portion after July 22, 2025, is also capped at: 1 year from July 22, 2025, or The end of the TPS designation, whichever is sooner.
Following a federal court order on February 2, 2026, the termination of Haiti’s Temporary Protected Status (TPS), originally scheduled for February 3, 2026, is currently stayed. As a result, work authorization for eligible Haitian TPS beneficiaries remains valid through March 27, 2026. What This Means for Employers & Employees Employment Authorization Documents (EADs) issued under Haiti TPS with any of the following original expiration dates are automatically extended by court order: Feb 3, 2026 Aug 3, 2025 Aug 3, 2024 Jun 30, 2024 Feb 3, 2023 Dec 31, 2022 Oct 4, 2021 Jan 4, 2021 Jan 2, 2020 Jul 22, 2019 Jan 22, 2018 Jul 22, 2017 All are valid through March 27, 2026, per Miot et al. v. Trump et al., No. 25 cv 02471 ACR (D.D.C.). Form I 9 Guidance Section 1 – Employee: Enter: “as per court order” in the expiration date field. Section 2 – Employer: Enter the EAD document info and use expiration date: “March 27, 2026.” Add a note in the Additional Information box referring to the court order. Example: per Miot et al. v. Trump et al., No. 25 cv 02471 ACR (D.D.C.). Employers may also attach the DHS Alert and TPS Haiti webpage printouts to the Form I 9 for documentation purposes. E-Verify Guidance Use March 27, 2026, as the expiration date when updating or creating an E Verify case.
Federal courts have issued stays on the termination of TPS designations for Syria, Ethiopia, Burma, and South Sudan. As a result, certain TPS‑related Employment Authorization Documents (EADs) remain valid beyond their printed expiration dates. Below is the updated breakdown. Syria – TPS Termination Stayed Original termination date: Nov. 21, 2025 Court case: Dahlia Doe v. Noem, 25‑cv‑8686 (S.D.N.Y.) EADs extended: Printed expiration dates of Sept. 30, 2025 March 31, 2024 Sept. 30, 2022 March 31, 2021 I‑9 instructions: When completing the Expiration Date (if any) fields on Form I-9 Section 1: “as per court order” Section 2: “March 13, 2026” Add note in Additional Information: Dahlia Doe v. Noem, 25‑cv‑8686 (S.D.N.Y.) E‑Verify: Use March 13, 2026. Upload: Employers may download the Alert and TPS Syria webpages and attach them to Form I-9. Ethiopia – TPS Termination Stayed Original termination date: Feb. 13, 2026 Court case: African Communities Together et al. v. Noem, 26‑cv‑10278‑BEM (D. Mass.) EADs extended: Printed expiration dates of June 12, 2024 Dec. 12, 2025 I‑9 instructions: When completing the Expiration Date (if any) fields on Form I-9 Section 1: “as per court order” Section 2: “April 8, 2026” Add note in Additional Information: African Communities Together et al. v. Noem, 26‑cv‑10278‑BEM (D. Mass.) E‑Verify: Use April 8, 2026. Upload: Employers may download the Alert and TPS Ethiopia webpages and attach them to the Form I-9. Burma – TPS Termination Postponed Original termination date: Jan. 26, 2026 Court case: Aung Doe et al. v. Noem, 25‑cv‑15483 (N.D. Ill.) EADs extended: Printed expiration dates of Nov. 25, 2025 May 25, 2024 Nov. 25, 2022 I‑9 instructions: When completing the Expiration Date (if any) fields on Form I-9 Section 1: “as per court order” Section 2: “March 15, 2026” Add note in Additional Information: Aung Doe et al. v. Noem, 25‑cv‑15483 (N.D. Ill.) E‑Verify: Use March 15, 2026. Upload: Employers may download the Alert and TPS Burma webpages and attach them to Form I-9. South Sudan – TPS Termination Stayed Original termination date: Jan. 5, 2026 Court case: African Communities Together et al. v. Noem, 25‑cv‑13939‑PBS (D. Mass.) EADs extended: Printed expiration dates of Nov. 3, 2023 May 3, 2025 Nov. 3, 2025 I‑9 instructions: When completing the Expiration Date (if any) fields on Form I-9 Section 1: “as per court order” Section 2: “April 10, 2026” Add note in Additional Information: African Communities Together et al. v. Noem, 25‑cv‑13939‑PBS (D. Mass.) E‑Verify: Use April 10, 2026. Upload: Employers may download the Alert and TPS South Sudan webpages and attach them to Form I-9. ** USCIS recommends checking their site regularly for updates, as court orders may change.