A federal court stayed the DHS TPS termination decision for Ethiopia on January 30, 2026, creating a compliance gap for employers verifying work authorization. USCIS has now clarified how to handle Form I-9 and E-Verify entries during this court-imposed interim period ending July 10, 2026.
What changed
This guidance supersedes the Update on Termination of TPS for Ethiopia message posted on April 13, 2026. The new directive addresses a specific compliance problem: Ethiopian TPS holders have employment authorization documents (EADs) with varying original expiration dates, but the court stay has halted the termination.
When completing expiration date fields on Form I-9, you must input “as per court order” in Section 1 and “July 10, 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 10, 2026,” from the Form I-9.
Employers may download the Alert and TPS Ethiopia webpage and attach them to Form I-9 as documentary support for the notation.
Why it matters
You have a form-filling trap. Ethiopian TPS holders’ original EADs may have dates ranging across 2024–2025, but those documents are not valid proof of authorization today. The court stay means their work authorization extends through July 10, 2026—a date that differs from the document itself. Using the original EAD expiration date on Form I-9 or E-Verify would create a false “expired” record and invite audit questions.
The “as per court order” notation is your liability shield. By documenting the court stay on your I-9 file and noting the July 10 deadline, you create a contemporaneous record showing you acted with knowledge of the stay. This protects against claims of negligent hiring or illegal employment of unauthorized workers after the court order closes.
E-Verify compliance is mandatory. If you run Form I-9 cases through E-Verify but fail to update the expiration date to July 10, 2026, you risk an “Tentative Nonconfirmation” (TNC) or final non-confirmation—even though the beneficiary has lawful work authorization now. The E-Verify system will flag the document as expired if you enter the original date.
July 10 is a hard stop—monitor for further updates. Check USCIS websites regularly for updated information and the TPS Ethiopia webpage regularly for updates. On July 10, unless the court extends the stay or DHS withdraws the termination, Ethiopian TPS (and the work authorization tied to it) will terminate. You’ll need to verify work authorization status for affected employees that day.
Way forward
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Audit current I-9 files for Ethiopian TPS holders hired or re-verified in 2026. Correct any missing “as per court order” notations or incorrect expiration dates to “July 10, 2026.”
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When onboarding or re-verifying Ethiopian TPS holders, complete Form I-9 Section 1 and Section 2 with the exact language and dates USCIS specifies. Download and attach the TPS Ethiopia Alert to the I-9 file as documentary proof.
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Before running E-Verify cases, double-check that the expiration date you enter is “July 10, 2026,” not the original EAD expiration. Review any cases already entered with a different date and correct them if E-Verify permits; if not, consider case re-verification.
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Set a calendar reminder for July 10, 2026 to check the USCIS TPS Ethiopia page for a final determination. Be prepared to request employment authorization verification extensions or new I-9 documentation if the stay is lifted and no new protection is announced.
Disclaimer
This article is for educational purposes and does not constitute legal advice. Folaform is a software and publishing company, not a law firm. Immigration law is complex and changes frequently. You should consult a licensed immigration attorney licensed in your state to interpret this guidance in the context of your specific workplace compliance obligations, audit exposure, and employee circumstances. Verify all information against the primary USCIS sources linked above. DHS policy may change without notice; bookmark and monitor the USCIS I-9 Central and TPS Ethiopia pages for updates.