New TPS Placeholder Dates for Multiple Countries Set by Court Order

Takeaways

• Federal courts have temporarily blocked or postponed TPS terminations for, Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria and Yemen that were scheduled to end between November 2025 and May 2026.
• TPS beneficiaries from these countries retain legal status and work authorization, for now.
• Employers should review affected Form I-9s and complete Supplement B reverification, where required, using the applicable court-ordered employment authorization extension date.

Due to ongoing litigation and court-issued stays, TPS beneficiaries from the following countries continue to maintain TPS status and employment authorization while litigation are pending:

• Burma (Myanmar)
• Ethiopia
• Somalia
• South Sudan
• Syria
• Yemen

As a result:

• TPS beneficiaries from the above countries retain their legal status.
• Employment Authorization Documents (EADs) in categories A12 and C19 remain valid and extended.
• USCIS will continue to verify TPS-related employment authorization.
• E-Verify remains available for employment eligibility verification consistent with the updated TPS guidance.

(A12 – Granted TPS and issued an EAD based on approved Temporary Protected Status; C19 – Applicant for TPS or an individual whose TPS-related employment authorization is connected to a TPS application process. USCIS treats both A12 and C19 as TPS-related categories for employment verification and automatic extensions.)

Most of these court actions are tied to broader litigation and are expected to be revisited following the U.S. Supreme Court’s June 25, 2026, decision in Mullin v. Doe[MS1] , No. 25-1083.

July 17, 2026, USCIS and E-Verify guidance replaces earlier placeholder dates for these countries and provides employers with interim compliance instructions while the litigation continues. Once the district court injunctions are lifted and DHS implements the TPS termination notices, TPS-based employment authorization for affected beneficiaries will likely end, absent further judicial or agency action. TPS and work authorization now remains extended by court order until:

• Somalia – 7/24/26
• Syria – 7/24/26
• Yemen – 7/24/26
• Burma (Myanmar) – 7/27/26
• Ethiopia – 7/30/26
• South Sudan – 7/30/26

Employer Compliance Considerations

Employers with employees whose TPS-related employment authorization has been extended pursuant to these court orders should review their Form I-9s to determine whether reverification is necessary.

Consistent with recent USCIS and E-Verify guidance, employers updating Form I-9 should:

• Complete Supplement B (Reverification and Rehire), if applicable;
• Record the applicable employment authorization expiration date reflected in the chart;
• Enter a notation such as “EAD EXT Court Order” or “Extended by Court Order” in the Additional Information field to document the basis for the extension; and
• Retain supporting documentation related to the automatic or court-ordered extension with the employee’s Form I-9 records.

Employers should not request additional documents beyond those required for I-9 compliance and should continue to apply standard anti-discrimination and document acceptance rules.

Jackson Lewis attorneys will continue to monitor developments and provide updates as additional guidance becomes available.