Pabian Law Clients and Friends,
I hope you are doing well. Today, U.S. Citizenship and Immigration Services (USCIS) issued important guidance regarding the termination of Temporary Protected Status (TPS) for Haiti and Syria following last week’s U.S. Supreme Court decision. This update provides employers with a brief transition and wind-down period before affected employees lose their employment authorization.
USCIS extends Form I-9 employment authorization through July 10, 2026
TPS Employment Authorization Documents (EADs) for Haitians and Syrians had previously been automatically extended through July 1, 2026 while litigation challenging the termination of Haiti TPS was pending. On June 25, 2026, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) may proceed with terminating Haiti TPS, effectively ending the court-ordered extension.
In response, USCIS announced today that employers may continue to accept qualifying Haiti TPS employment authorization documents through July 10, 2026 for Form I-9 and E-Verify purposes. This brief wind-down period is intended to allow employers and employees additional time to prepare for the termination of work authorization.
What employers should do now
If your organization employs individuals working pursuant to Haiti and Syria TPS, we recommend taking the following steps as soon as possible:
- Identify affected employees whose Form I-9 was completed using a Haiti or Syria TPS EAD (typically category A12 or C19).
- Notify affected employees that USCIS has extended the Form I-9 validity period through July 10, 2026, but that they should immediately determine whether they have another basis for employment authorization.
- Invite employees to present alternative documentation, if available. Employees may present any valid List A document or an acceptable combination of List B and List C documents establishing continued employment authorization.
- Prepare for reverification. Unless additional government guidance is issued or an employee presents new evidence of continued work authorization, employers should complete any required Form I-9 reverification no later than the expiration of the July 10 wind-down period.
- Continue monitoring agency guidance. Because this area is changing rapidly, additional announcements from DHS, USCIS, or E-Verify remain possible.
- Terminate affected employee on July 11, 2026, if not able to provide other documents.
We are here to help
We recognize that this is a challenging situation for employers and affected employees alike. If you have employees who may be impacted by the termination of Haiti and Syria TPS, we encourage you to reach out to our team as soon as possible. We can assist with Form I-9 compliance, reverification questions, evaluating alternative employment authorization, and developing an appropriate communication strategy for affected employees.
As always, we will continue to monitor developments closely and provide updates if additional guidance is issued.
Best regards,
Keith and the Pabian Law Team