The Secretary of Homeland Security announced the termination of Temporary Protected Status (TPS) for Burma in November 2025, with an effective date of January 26, 2026. However, a federal judge in the U.S. Northern District of Illinois issued an order on January 23, 2026 postponing the Secretary’s TPS termination decision (Aung DOE et al. v. Noem et al., No. 25-cv-15483), even though the Department of Homeland Security recently prevailed twice in the U.S. Supreme Court in a similar case. USCIS has now issued Form I-9 and E-Verify guidance for employers managing work authorization during the ongoing litigation.
What changed
The validity of Employment Authorization Documents (EADs) issued under the TPS designation for Burma with an original expiration date of Nov. 25, 2025, May 25, 2024, or Nov. 25, 2022, is extended per court order. For compliance purposes, when completing the Expiration Date fields on Form I-9, input “as per court order” in Section 1 and “July 1, 2026” in Section 2 along with a note in the additional information box. When completing a case in E-Verify, enter the expiration date of “July 1, 2026” from the Form I-9.
Why it matters
Burmese TPS beneficiaries retain work authorization while litigation is pending, but employers must use precise language on employment verification forms to remain compliant. The distinction between Section 1 (“as per court order”) and Section 2 (“July 1, 2026”) reflects the legal uncertainty: the court order extends validity beyond the original expiration date, but July 1, 2026 serves as the administrative placeholder while the case is unresolved. Employers who fail to follow this instruction correctly may face Form I-9 audit exposure or reject valid work authorization.
Way forward
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Obtain and review the current TPS Burma guidance. Download and attach the USCIS alert and TPS Burma webpage to your Form I-9 records to document compliance with agency instructions at the time of verification.
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Audit existing I-9s for Burmese TPS workers. If you completed Form I-9s for Burmese nationals before April 13, 2026, check whether you used the correct expiration date language (“as per court order” vs. a specific date) and correct the record if needed.
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Monitor the USCIS TPS Burma page regularly. As this matter is in active litigation, the status of the individual’s TPS and employment authorization is dependent on developments in the litigation; user agencies should check the USCIS TPS Burma page regularly for updates.
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Prepare for potential changes in July 2026 and beyond. The July 1, 2026 placeholder date is subject to change pending the outcome of litigation. Have a process in place to push new USCIS guidance to payroll and HR as soon as it is published.
Disclaimer
This article is published by Fola Form, a software company, not a law firm, and does not constitute legal advice. Immigration law is complex and fact-specific. Consult a licensed immigration attorney to determine how TPS termination, litigation, and work authorization rules apply to your individual or business circumstances. Verify all guidance against the primary source linked above, as USCIS policy can change without notice. For employment verification compliance, follow the most current USCIS instructions on the TPS Burma page at the time you complete Form I-9 or E-Verify.