The U.S. Supreme Court recently handed down a major decision about Temporary Protected Status (TPS), the temporary safety net immigration program that allows people from certain countries facing crises to live and work in the U.S. legally.
The Supreme Court ruled that the Department of Homeland Security (DHS) can move forward with ending TPS for certain countries specifically Haiti and Syria even while other smaller legal battles about those terminations continue in lower courts.
This decision impacts roughly 350,000 Haitian workers and 7,000 Syrian workers across the country, alongside many others whose temporary status has been tied up in ongoing lawsuits. Because this situation is moving fast, USCIS quickly updated its rules on July 1, 2026, to give employers clear instructions.
For the moment, the government is still recognizing the existing employment extensions for these workers. They have explicitly instructed employers to use July 10, 2026, as a temporary expiration placeholder date for new Forms I-9 and E-Verify cases while the details get sorted out in the lower courts.
The updated guidance from USCIS applies to seven countries whose court-ordered TPS extensions are currently recognized through the new placeholder date:
- Burma (Myanmar)
- Ethiopia
- Haiti
- Somalia
- South Sudan
- Syria
- Yemen
How to Log This on Form I-9
For new hires from any of these seven countries who are presenting an automatically extended Employment Authorization Document (EAD), follow these specific paperwork steps:
- Section 1: The employee should select “An alien authorized to work” and write “as per court order” in the Expiration Date field.
- Section 2: The employer should input July 10, 2026 as the document expiration date.
- Additional Information Box: Type or write a brief note referencing the court-ordered extension. (It is highly recommended to print and attach the specific country alert page from the USCIS I-9 Central website directly to the Form I-9 for your records).
- E-Verify: When entering the case into E-Verify, use July 10, 2026 as the document expiration date.
Note for Existing Employees: If you have already updated an active employee’s Form I-9 with a previous court-ordered extension note, you do not need to continuously update their paperwork every time this temporary date shifts. This new July 10 date is primarily to ensure clear onboarding compliance for new hires and new E-Verify cases.
Next Steps
- Identify affected employees
- If you are onboarding a new employee using these specific TPS extensions, ensure you follow the updated USCIS guidance and list July 10, 2026 as the expiration date on their paperwork.
- Because the lower courts still have to finalize the exact end dates for these programs, this July 10 milestone is a placeholder. Be ready to reverify employment documents once the official final deadlines are published.
- When in doubt, consult with legal counsel.
- Keep an eye out for further updates. Follow I-9 Central and TPS web page.
