USCIS has issued E-Verify and Form I-9 updates affecting Temporary Protected Status (TPS) beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen following the Supreme Court’s June 25 decision in Mullin v. Doe. The updates provide temporary guidance for employers and TPS beneficiaries while litigation challenging TPS terminations continues in lower courts.
What changed
For affected TPS beneficiaries, USCIS instructs employers to treat Employment Authorization Documents (EADs) as valid through July 10, 2026. Employees should enter “as per court order” in the expiration date field in Section 1 of Form I-9, while employers should enter “July 10, 2026” in Section 2.
USCIS has updated guidance for countries where federal district courts previously blocked or postponed TPS terminations. For all seven countries covered by the recent USCIS announcements, federal courts had previously stayed or postponed TPS terminations.
Although those court orders technically remain in effect for the moment, USCIS now characterizes the continued employment authorization as “limited relief” pending action by the lower courts in light of the Supreme Court’s ruling.
Why it matters
The distinction between “as per court order” and “July 10, 2026” is operationally critical. You must follow these exact instructions on Form I-9 and in E-Verify systems to document that the employee’s work authorization is valid on a temporary, court-ordered basis—not as an automatic right. This protects your employer from claims that you knowingly employed an unauthorized worker after the actual legal termination date.
The immediate question is whether the federal district courts that previously blocked the TPS terminations will modify or dissolve their orders in response to Mullin v. Doe. If that occurs, DHS may move quickly to finalize TPS terminations for the affected countries. The July 10 date is a placeholder, not a guarantee. You need to monitor court filings and USCIS announcements constantly; the ground may shift under you within days.
Employers should continue monitoring USCIS announcements for further updates. Failure to track these updates exposes you to I-9 and E-Verify enforcement risk, particularly if terminations are implemented and you have not yet re-verified affected employees.
Way forward
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Review your current TPS employee roster. Identify every employee whose work authorization is based on TPS for the seven affected countries (Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, Yemen).
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Update Form I-9 and E-Verify records now. For Section 1, enter “as per court order” in the expiration date field. For Section 2, enter “July 10, 2026.” Use the exact language USCIS specified; do not paraphrase.
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Prepare a reverification timeline. Draft a plan for how and when you will reverify affected employees if (when) USCIS issues a final termination notice. Do not reverify yet; wait for official guidance.
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Monitor USCIS and E-Verify daily. USCIS’s latest TPS guidance signals that the practical effects of the Supreme Court’s decision are already beginning to unfold. While temporary court orders continue to provide short-term protection for TPS beneficiaries from seven countries, DHS is clearly preparing for potential implementation of the underlying TPS terminations.
Disclaimer
This article is for informational purposes only and is not legal advice. Folaform is a software company, not a law firm. Do not rely on this article as legal advice; consult a licensed immigration attorney to advise you on your specific situation and workforce. Immigration policy can change without notice; always verify against the primary source and current USCIS announcements before taking employment action.