A federal court in Massachusetts has maintained a stay blocking the termination of South Sudan’s Temporary Protected Status (TPS) designation through its ruling in African Communities Together et al. v. Noem. USCIS has released updated guidance for employers and government agencies on how to handle work authorization documentation as this litigation continues.
What changed
TPS beneficiaries from South Sudan will retain their status and employment authorization, with Forms I-766 (Employment Authorization Documents with category A12 or C19) remaining valid and extended. The employment authorization through date for SAVE verification purposes is now set to “July 30, 2026.”
When completing Form I-9, enter “as per court order” in Section 1 and “July 30, 2026” in Section 2 of the expiration date fields, along with a note in the Additional Information box. In E-Verify, enter the expiration date of “July 30, 2026” from the Form I-9.
This extension represents limited relief pending the U.S. District Court’s alignment with the U.S. Supreme Court’s decision in Mullin v. Doe (issued June 25, 2026).
Why it matters
The July 30 date is not a final termination date—it is a placeholder while the litigation proceeds. Because this matter remains in active litigation, the status of each individual’s TPS and employment authorization depends on developments in the case, and user agencies should check the USCIS TPS South Sudan webpage regularly for updates.
For employers, this means you must immediately update I-9 forms and E-Verify records to reflect the new dates. Failing to update documentation could result in perceived work authorization violations. The “as per court order” notation is critical—it signals to auditors that the extension is judicially mandated, not administrative.
This is the third update to work authorization dates in as many months (dates have shifted from July 1 to July 17 to July 30), so practitioners should expect further changes as the litigation develops.
Way forward
- Audit current I-9 records for all South Sudan TPS beneficiaries; update expiration dates to July 30, 2026 and add the required court-order notation.
- Update E-Verify cases for affected employees with the new July 30, 2026 date and ensure supervisors and HR staff are aware of the notation requirement.
- Set a calendar reminder for late July to monitor USCIS announcements; additional updates are likely as the district court proceedings continue.
- Document the guidance by downloading the USCIS alert and attaching it to affected employee files as contemporaneous evidence of compliance.
Disclaimer
This article is not legal advice. Folaform is a software company, not a law firm. Immigration law is complex and fact-specific; consult a licensed immigration attorney to discuss your situation and obligations. Policy is subject to change without notice as litigation proceeds; verify all requirements against the primary source and USCIS’s TPS South Sudan webpage before taking action.