USCIS Extends TPS Work Authorization Through July 10

The federal government has temporarily extended work authorization for eligible Temporary Protected Status (TPS) holders from seven countries, delaying when some employers may need to reverify affected workers' employment eligibility.

The extension applies to eligible TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, Syria, South Sudan, and Yemen who are covered by a court order. While it provides temporary certainty for employers and employees, it does not change the Supreme Court's recent decision allowing the Trump administration to move forward with TPS terminations.

Here's what employers need to know about the extension, Form I-9 requirements, and what could happen after July 10.

Not sure how the TPS ruling affects your employees' work authorization? Talk to a Boundless immigration attorney before their EADs expire.  

Work Authorization Extended Through July 10

U.S. Citizenship and Immigration Services (USCIS) says eligible TPS beneficiaries covered by the court order remain authorized to work through July 10, 2026, even if the expiration date on their Employment Authorization Document (EAD) has already passed.

The agency also issued updated Form I-9 instructions. Employers should enter "as per court order" in the Expiration Date field in Section 1. In Section 2, employers should enter "July 10, 2026" as the expiration date and include a note in the Additional Information field indicating the extension is pursuant to a court order.

The extension is temporary. Unless additional court action or government guidance extends work authorization again, employers should be prepared for affected employees' work authorization to expire after July 10.

Why USCIS Issued the Extension

The guidance follows the Supreme Court's June 25, 2026, decision in Mullin v. Doe, which allows the Trump administration to terminate Temporary Protected Status for approximately 350,000 Haitians and 6,000 Syrians.

More broadly, the decision makes it much harder for courts to block future TPS terminations, giving the administration authority to move forward with ending TPS designations for additional countries.

TPS is a humanitarian designation that allows nationals of countries experiencing armed conflict, natural disasters, or other extraordinary conditions to live and work legally in the United States. Recipients receive Employment Authorization Documents (EADs), which employers verify during the Form I-9 process, and are protected from deportation for the duration of their TPS designation.

Writing for the majority, Justice Samuel Alito said the courts have only a limited role in reviewing TPS decisions. Three liberal justices dissented, arguing that the ruling gives the administration too much power to end TPS without meaningful court oversight.

What Employers Should Do Now

If you have employees working under TPS-based EADs, now is the time to prepare.

If no additional extension is announced, employers will need to reverify the work authorization of affected employees once their TPS-based EADs expire. Continuing to employ someone after their work authorization expires can result in I-9 violations and potential civil or criminal penalties, while failing to complete reverification on time may also result in paperwork penalties.

Here are four steps employers should consider taking now:

• Review your Form I-9 records. Identify employees whose I-9 lists an EAD issued under Category A12 (TPS) or C19 (pending TPS application). Note their expiration dates and country of nationality.
• Identify employees from affected countries. The July 1 extension applies to eligible beneficiaries from Burma, Ethiopia, Haiti, Somalia, Syria, South Sudan, and Yemen. The administration has also moved to terminate TPS for nationals of several other countries, so additional work authorization expirations could follow in the coming months.
• Don't assume another extension will be granted. Previous administrations routinely extended TPS designations and automatically extended work authorization through Federal Register notices. Employers should wait for official USCIS guidance before relying on any future extension.
• Talk with affected employees early. Some TPS holders may qualify for another immigration status, such as employment-based sponsorship, family-based immigration, or asylum. Identifying those options early gives everyone more time to prepare.

Looking Ahead

The Supreme Court's decision reaches beyond Haiti and Syria. By limiting the courts' ability to review TPS termination decisions, it makes future legal challenges significantly more difficult.

Congress could still act. A bipartisan bill to preserve TPS for Haitians has passed the House, and advocates continue to push for Senate action. However, the bill would still need enough support to overcome the Senate's 60-vote threshold.

For now, employers should monitor USCIS announcements closely, understand which employees rely on TPS-based work authorization, and prepare for upcoming reverification deadlines if no further extensions are announced.

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