USCIS Extends TPS Work Authorization Again for Seven Countries

The federal government has again extended work authorization for certain Temporary Protected Status (TPS) holders affected by the Supreme Court's decision in Mullin v. Doe, giving employers additional time before some workers may need to complete employment eligibility reverification.

Under updated guidance issued on July 10, eligible TPS beneficiaries from Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria, and Yemen remain authorized to work through July 17, 2026, while eligible beneficiaries from Haiti remain authorized to work through July 24, 2026. The guidance replaces USCIS' earlier July 1 announcement, which had extended work authorization for all seven countries only through July 10.

Here's what employers need to know about the new deadlines, Form I-9 requirements, and what could happen next.

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

Work Authorization Now Extended Through July 17 or July 24

U.S. Citizenship and Immigration Services (USCIS) has updated its guidance for employers with workers covered by the court order in Mullin v. Doe.

Eligible TPS beneficiaries from Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria, and Yemen remain authorized to work through July 17, 2026.

Eligible TPS beneficiaries from Haiti remain authorized to work through July 24, 2026.

The updated guidance supersedes USCIS' July 1 announcement, which had extended work authorization for all seven countries through July 10.

USCIS also updated its Form I-9 guidance. For eligible TPS beneficiaries from Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria, and Yemen, employers should enter "as per court order" in the Expiration Date field in Section 1. In Section 2, employers should enter "July 17, 2026" as the expiration date and include a note in the Additional Information field indicating the extension is pursuant to a court order.

For eligible TPS beneficiaries from Haiti, employers should instead enter "July 24, 2026" as the expiration date in Section 2.

When creating an E-Verify case, employers should use the same expiration date entered on the employee's Form I-9.

The updated dates remain 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 17 for the six affected countries, or July 24 for Haiti.

Why USCIS Updated Its Guidance

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.

Because the guidance has changed multiple times in recent weeks, employers should continue monitoring USCIS for additional updates. If no further extension is announced, employers will need to reverify affected employees once their temporary work authorization expires.

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 latest USCIS guidance applies to eligible beneficiaries from Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen.
• 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 closely monitor USCIS announcements, confirm which employees rely on TPS-based work authorization, and prepare for reverification using the updated July 17 and July 24 deadlines. Additional court action or government guidance could further change those deadlines.

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