After reviewing country conditions and consulting with appropriate U.S. government agencies, former Secretary of Homeland Security Kristi Noem determined that Somalia no longer met the conditions for designation for Temporary Protected Status (TPS). However, the U.S. District Court for the District of Massachusetts issued an order staying the TPS Somalia termination on March 13, 2026 in African Communities Together et al. v. Noem, 26-cv-11201. USCIS has released updated guidance on how to handle employment authorization documents (EADs) for Somali TPS beneficiaries in Form I-9 and E-Verify submissions.
What changed
This guidance supersedes the Update on Termination of TPS for Somalia message posted on July 17, 2026. The key change is the expiration date for EAD validity:
- When completing the Expiration Date fields on Form I-9, input “as per court order” in Section 1 and “July 29, 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 29, 2026,” from the Form I-9.
The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Somalia with an original expiration date of March 17, 2023, September 17, 2024, and March 17, 2026, is extended per court order. Employers may download the Alert and TPS Somalia webpage and attach them to Form I-9.
Why it matters
This guidance directly affects how you (and your employer clients) complete employment eligibility forms in real time. The court stay has extended TPS protections and work authorization beyond the original March 17, 2026 termination date, and USCIS has now clarified the correct EAD expiration date to use in compliance workflows.
If you input incorrect or outdated dates on Form I-9 or in E-Verify—or fail to note the court order—you expose the beneficiary and employer to technical violations. The “as per court order” notation in Section 1 signals that this is a litigation-dependent status, which protects both parties from claims of negligent hiring/verification.
The July 29, 2026 date is USCIS’s most recent instruction, but this case remains in active litigation. The stay and extension deadlines could shift if the underlying case (or federal courts’ interpretation of the Supreme Court’s Mullin v. Doe decision) moves.
Way forward
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Review current I-9s and E-Verify cases: If you completed any Somali TPS I-9s or E-Verify matches after March 17, 2026, check that you used the court-order notation and the current expiration date. Correct or amend any with outdated dates.
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Update internal forms and templates: Revise any I-9 instructions, checklists, or case management notes you use for TPS beneficiaries to reflect the July 29, 2026 date and the “as per court order” language.
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Monitor litigation: This guidance supersedes two prior updates (July 17 and July 10). The underlying case is unresolved. Set a calendar reminder to check the USCIS TPS Somalia page monthly for further updates.
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Communicate with clients and employers: Brief your Somali TPS clients that their status remains valid under court order. Tell employer clients to download USCIS’s alert and attach it to their I-9 records as documentary evidence of compliance.
Disclaimer
This article is for general informational purposes and does not constitute legal advice. Fola is a software company, not a law firm. Always verify the primary source material and consult a licensed immigration attorney to discuss your specific circumstances. Policy can change without notice; check the USCIS TPS Somalia page regularly for updates to this guidance.