On July 10, 2026, U.S. Citizenship and Immigration Services (USCIS)’ E-Verify program issued new guidance on work authorization for eligible Temporary Protected Status (TPS) recipients affected by a court order in Mullin v. Doe, a recent Supreme Court decision. The new guidance, which moves the expiration date for work authorization to July 17, 2026, for six countries and to July 24, 2026, for Haiti, supersedes USCIS’ guidance released on July 1 that extended work authorization for those seven countries to July 10, 2026.
The new guidance for employers of affected TPS beneficiaries from Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria, and Yemen includes the following instructions:
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 17, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS [country] webpages and attach them to Form I-9. Check USCIS websites regularly for updated information.
When completing a case in E-Verify, enter the expiration date of “July 17, 2026” from the Form I-9.
The new guidance tells employers of affected Haiti TPS beneficiaries to use July 24, 2026, for the expiration date in the fields noted above.
Confusion about the shifting dates and their impact has affected both employers and TPS recipients. A commenter noted that the new EAD expiration dates “are placeholder dates that [the Department of Homeland Security] may update as the remaining litigation and implementation efforts proceed.” In a July 7, 2026, press release, Massachusetts Attorney General Cambell stated, “While the Supreme Court’s decision allows the federal government to terminate TPS protections for Haiti and Syria, the current TPS designations and related work authorizations remain in effect until the Supreme Court sends a certified copy of its judgment to the lower court and the federal administration issues implementation guidance.”
