Yemen’s TPS designation and related benefits was set to terminate on May 4, 2026, but a U.S. District Court for the Southern District of New York issued an order staying the TPS Yemen termination on May 1, 2026. USCIS has now updated its guidance on how employers, employees, and adjudicators should treat Yemen TPS beneficiaries’ status and work authorization while litigation proceeds.
What changed
TPS Yemen beneficiaries will keep their status and employment authorization, and their documentation will remain valid per the court order. Forms I-766, Employment Authorization Documents (EADs) with category A12 or C19 remain valid and are extended.
For I-9 completion, employers must now use a new date. When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 17, 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 24, 2026” from the Form I-9.
SAVE will verify if an alien has received an approval for TPS that has not been withdrawn using information from any TPS-related document, such as a Form I-797, Approval Notice, or Form I-797C, Notice of Action. TPS beneficiaries will receive a SAVE manual response of: “Temporary Protected Status – Employment Authorized - Temp Emp Auth”; The employment authorized through date will be the Employment Authorization Document (EAD) expiration date of “July 24, 2026”.
Why it matters
Yemen TPS beneficiaries remain in a precarious position. The extension is limited relief until the U.S. District Court for the Southern District of New York aligns with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026. That Supreme Court decision held that TPS terminations are largely unreviewable by courts—a ruling that favors DHS’s position on Yemen.
For employers: You must track these evolving dates closely. The I-9 fields now require notation of the court order rather than a definitive expiration. E-Verify entries must use July 24, not July 17. Mismatch creates I-9 compliance risk and may trigger secondary verification disputes.
For practitioners and beneficiaries: As this matter is in active litigation, the status of the individual’s TPS and employment authorization is dependent on developments in the litigation. Plan for potential loss of status; parallel applications for other forms of relief (VAWA, cancellation of removal, etc.) become urgent.
Way forward
- Review active caseloads. Identify all Yemen TPS beneficiaries in your practice. Prepare them for a possible near-term status termination despite current court stay.
- Correct I-9 records immediately. If you prepared Forms I-9 for Yemen TPS beneficiaries before July 17, update the expiration date fields to reflect “as per court order” (Section 1) and July 17 (Section 2), plus E-Verify entries to July 24.
- Monitor litigation daily. The district court and appellate courts could issue new orders at any time. Check the USCIS TPS Yemen webpage and Doe v. Noem court docket for updates.
- Advise parallel relief. Counsel clients to explore asylum, cancellation of removal, VAWA, U visas, or other paths to status that do not depend on TPS. Work authorization under TPS remains valid only while the court stay is in place.
Disclaimer
This is a plain-English summary of a government policy announcement, not legal advice. Immigration law is complex, and your specific situation may have nuances not covered here. Consult a licensed immigration attorney to advise your individual case and ensure compliance with all applicable requirements. Policy can change without notice—verify all guidance against the official USCIS source page before finalizing any filing or advice.