After reviewing country conditions, DHS determined Syria no longer met the conditions for TPS designation, but a federal court in New York issued an order staying the TPS Syria termination. USCIS has now issued interim guidance on how employers must complete Form I-9 and E-Verify entries for Syrian TPS beneficiaries during this period of ongoing litigation.
What changed
When completing the Expiration Date fields on Form I-9, input “as per court order” in Section 1 and “July 10, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Syria webpage and attach them to Form I-9.
When completing a case in E-Verify, enter the expiration date of “July 10, 2026” from the Form I-9.
The validity of Employment Authorization Documents (EADs) issued under the TPS designation for Syria with an original expiration date of Sept. 30, 2025, Mar. 31, 2024, Sept. 30, 2022, or Mar. 31, 2021, is extended per court order.
Why it matters
You’re in a narrow window where Syria TPS beneficiaries have valid work authorization but face an uncertain end date. The federal court stay is in place, so affected employees can continue to work and you can verify their I-9s using their extended EADs. However, the extension is limited relief until the lower courts align with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, issued on June 25, 2026.
The “as per court order” language in Section 1 and the July 10 date in Section 2 signal to USCIS examiners and E-Verify systems that work authorization status depends on ongoing court proceedings, not an automatic termination. This prevents mismatches between your I-9 records and E-Verify, which could flag false no-match situations.
Way forward
- Review your I-9 files to identify employees with Syrian TPS-based EADs, especially any who originally presented documents expiring in September 2025, March 2024, September 2022, or March 2021.
- Update Form I-9s using the new template: “as per court order” in Section 1 (List of Acceptable Documents) and July 10, 2026 in Section 2 (Expiration Date).
- Enter July 10, 2026 in E-Verify for all Syrian TPS cases and include documentation or notes referencing the court stay where your system allows.
- Check back to USCIS websites regularly for updated information on any final court order lifting or maintaining the stay.
Disclaimer
This article is informational only and does not constitute legal advice. You should consult a licensed immigration attorney about your specific circumstances and obligations under the I-9 and E-Verify rules. The information in this article is current as of the publish date but immigration policy can change without notice. Always verify against the primary source linked above and check USCIS’s official TPS Syria page for the most current guidance.