USCIS Extends TPS Employment Authorization Deadlines Following Supreme Court TPS Decision
(Update: July 10, 2026)
USCIS has issued a new series of E-Verify and Form I-9 updates affecting Temporary Protected Status (TPS) beneficiaries from Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen, extending previously announced work authorization validity periods while federal courts continue addressing the impact of the Supreme Court’s recent decision in Mullin v. Doe. This update supersedes USCIS guidance issued on July 1, 2026, and reflects the government’s continuing position that the existing court-ordered extensions are only temporary relief pending further action by the lower courts.
Background: TPS Litigation After Mullin v. Doe
As discussed in our previous alert, the Supreme Court’s June 25, 2026 decision in Mullin v. Doe significantly strengthened DHS authority to terminate TPS designations and limited the ability of federal courts to review those decisions. Following the ruling, USCIS advised that TPS-based Employment Authorization Documents (EADs) for several countries would remain temporarily valid through July 10, 2026, under existing court orders. USCIS has now extended those temporary compliance instructions for most affected countries and issued revised Form I-9 and E-Verify guidance.
New EAD Validity Dates
Countries Extended Through July 17, 2026
USCIS has extended TPS-related EAD validity through July 17, 2026 for beneficiaries from:
- Burma (Myanmar)
- Ethiopia
- Somalia
- South Sudan
- Syria
- Yemen
The affected EADs remain valid pursuant to existing federal court orders, although USCIS continues to characterize the extensions as limited relief pending further action by the district courts following Mullin v. Doe.
Haiti Receives Longer Extension
USCIS has provided a separate extension for Haiti TPS beneficiaries. Affected Haitian TPS EADs are now valid through: July 24, 2026. This is currently the longest extension provided among the affected TPS populations.
Updated Form I-9 Guidance
For the countries listed above, USCIS instructs employers to:
Section 1
Employees should enter: “as per court order” in the document expiration field.
Section 2
Employers should enter:
- July 17, 2026 for Burma, Ethiopia, Somalia, South Sudan, Syria, and Yemen; or
- July 24, 2026 for Haiti.
Employers should also include a note in the Additional Information field and retain copies of the applicable USCIS TPS announcement or country-specific webpage with the Form I-9.
Updated E-Verify Instructions
When creating or updating E-Verify cases, employers should use:
- July 17, 2026 for Burma, Ethiopia, Somalia, South Sudan, Syria, and Yemen; and
- July 24, 2026 for Haiti.
USCIS continues to instruct employers to monitor both E-Verify and TPS webpages for additional updates.
Erickson Insights and Analysis
The government’s repeated use of the phrase “limited relief until the lower courts align with the Supreme Court’s favorable decision in Mullin v. Doe” is notable. USCIS appears to be signaling that the administration expects the remaining injunctions and stays protecting TPS beneficiaries to expire or be dissolved in the near future. Rather than issuing lengthy automatic extensions, USCIS is extending work authorization only in short increments, suggesting that additional litigation developments may occur quickly. For employers with large TPS populations, particularly from Haiti, Somalia, Ethiopia, South Sudan, Syria, Yemen, or Burma, workforce planning should be treated as an immediate priority. At this stage, employers should assume that TPS-driven work authorization may continue to change rapidly over the coming weeks as federal courts respond to the Supreme Court’s decision.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.