This overview provides employers with updated guidance for completing, updating, and reverifying Form I-9 for employees who present TPS-related documentation, including recent court-ordered extensions, automatic EAD extensions, and TPS terminations.
Court-Ordered Extensions
- TPS-related employment authorization has been extended through specific dates for certain beneficiaries from Somalia (Aug. 14, 2026) and Ethiopia (Aug. 19, 2026), with special Form I-9 completion instructions and court-order references required in the Additional Information field.
Automatic EAD Extensions
- Eligible TPS beneficiaries from El Salvador may continue to present qualifying EADs and USCIS extension notices through Sept. 9, 2026.
- TPS beneficiaries from Lebanon with qualifying A12 or C19 EADs have automatic work authorization extended through Nov. 27, 2026, and must be reverified before Nov. 28, 2026.
Venezuela TPS
- Certain Venezuelan TPS beneficiaries retain TPS or employment authorization under limited circumstances, primarily based on approval dates, I-94 issuance dates, or qualifying EAD renewal applications.
- Employers should carefully review documentation due to the complexity of the Venezuela TPS litigation and differing eligibility scenarios.
TPS Terminations
- TPS and TPS-based work authorization have terminated for Yemen, Haiti, Syria, Burma (Myanmar), and South Sudan. EADs with category codes A12 or C19 issued under these TPS designations are no longer valid.
- Employers must complete reverification and may not continue employment unless affected employees provide alternate proof of valid work authorization.
Action Items
- Review employee records to identify individuals working under TPS-based employment authorization.
- Update Form I-9 records for employees impacted by TPS extensions using the country-specific instructions provided.
- Initiate reverification for employees affected by TPS terminations or upcoming expiration dates.
- Ensure employees are given the opportunity to present any valid alternative work authorization documents.
- Escalate complex cases, particularly Venezuela TPS matters and employees with pending applications or alternative immigration statuses, for additional review.
Recommendations
- Conduct a targeted audit of TPS-related I-9 records to confirm proper documentation and reverification tracking.
- Review upcoming reverification deadlines and establish proactive outreach to affected employees.
- Consult immigration counsel for cases involving litigation-related extensions, pending benefits, or nonstandard documentation.
- Continue monitoring USCIS and Form I-9 updates as TPS-related policies and litigation remain subject to change.
Our Legislative Updates team is powered by Product Intelligence Managers who stay deeply connected not only with state unemployment agencies and departments of labor, but also with federal and state partners involved in employment verification, immigration compliance, and regulatory enforcement—including E‑Verify and related oversight entities. With extensive experience navigating the complex, fast‑moving landscape of HR, payroll, I‑9, and employment law, our authors monitor statutory and regulatory developments as they emerge or are being shaped behind the scenes.
Their expertise spans I‑9 and E‑Verify compliance, new‑hire processes, W‑2 and W‑4 requirements, payroll tax optimization, FLSA guidance, and multi‑jurisdictional employment law. Professional backgrounds include Certified Payroll Professionals and active members of organizations such as the APA, SHRM, ACC, and CPA. They bring a practitioner’s perspective to every update. Through strategic insights, best‑practice guidance, and compliance‑focused thought leadership, our team transforms complex regulatory shifts into actionable intelligence that helps employers reduce risk, streamline processes, and stay confidently compliant in an ever‑changing environment.
