Pabian Law Clients and Friends,
I hope all is well. We are writing to provide an important update regarding the employment authorization of individuals with Temporary Protected Status (TPS) from Haiti or Syria.
The temporary extension of employment authorization for Haitian and Syrian TPS beneficiaries was effective through July 27, 2026. As of today, July 28, 2026, the government has not announced any further extension. A decision regarding the extension was expected from a federal court, but there has not been an update from the court so far. Therefore, employers should immediately review their Form I-9 records and identify employees whose employment authorization was based on Haiti or Syria TPS. These would be Employment Authorization Documents (EADs) with categories A12 or C19.
Affected employees should be reverified immediately. Employees must be given an opportunity to present acceptable documentation establishing continued employment authorization, such as a valid List A document or a valid combination of List B and List C documents. Employees must be permitted to choose which acceptable documents to present.
If an employee cannot establish continued employment authorization, the employer cannot continue to employ the individual. Employers may, however, pay the employee any earned and accrued PTO in accordance with applicable company policies and state law. We recommend speaking to an employment attorney regarding specifics of termination and PTO.
Pabian Law will continue to monitor this issue and provide updates if additional guidance becomes available.
Thank you,
Keith and the Pabian Law Team