USCIS has issued updated guidance on Haiti’s Temporary Protected Status following a U.S. District Court stay order issued February 2, 2026, blocking the original February 3, 2026 termination date. The extension is limited relief pending alignment with the U.S. Supreme Court’s June 25, 2026 decision in Mullin v. Doe.
What changed
USCIS confirms that Forms I-766 (Employment Authorization Documents) with category A12 or C19 remain valid and are extended, with the employment authorized through date set as July 10, 2026. This guidance supersedes the previous SAVE (Systematic Alien Verification for Entitlements) Termination of TPS for Haiti message posted March 25, 2026.
The stay was issued in the case Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.). USCIS directs users to refer to the EAD Extension dropdown on the TPS Haiti webpage for the full list of extended EAD expiration dates.
Why it matters
TPS Haiti beneficiaries will keep their status and employment authorization, and their documentation will remain valid per the court order—but the extension is temporary and contested. Because the matter remains in active litigation, the status of an individual’s TPS and employment authorization is dependent on developments in the litigation.
If you advise Haiti TPS holders or process I-9 verification for employers with Haitian employees, you must track both the litigation and any future USCIS updates. EAD validity is not automatic; it depends on ongoing court orders that may change.
Way forward
- Check USCIS regularly: User agencies should check the USCIS TPS Haiti webpage regularly for updates.
- Update I-9 entries: Use the EAD expiration date of July 10, 2026, when completing Form I-9 for affected employees.
- Monitor E-Verify entries: Ensure E-Verify cases reflect the extended July 10, 2026 expiration date.
- Prepare contingency options: Advise clients to explore alternative forms of relief (asylum, family-based sponsorship, humanitarian visas) while their TPS remains valid, as the litigation outcome remains uncertain.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Folaform is a software platform, not a law firm. You should consult a licensed immigration attorney before making decisions about TPS status, employment verification, or visa strategy. Always verify the current status of this guidance against the official USCIS TPS Haiti webpage, as immigration policy and court orders can change without notice.