In March, former Secretary of Homeland Security Kristi Noem determined that Yemen no longer meets the conditions for its designation for Temporary Protected Status (TPS). Yemen’s TPS designation and related benefits were slated to terminate on May 4, 2026. However, on May 1, 2026, a judge of the U.S. District Court for the Southern District of New York issued an order staying the Yemen TPS termination. Doe v. Noem et al., No. 26-cv-2103 (S.D.N.Y.) and Doe v Noem et al., 26-cv-2280 (S.D.N.Y.).
What to Expect
- The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Yemen with an original expiration date of Mar. 3, 2026, Sept. 3, 2024, or Mar. 3, 2023, is extended per court order.
- When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 1, 2026” in Section 2 along with a note in the additional information box.
- Employers:
- May download the Alert and TPS Yemen webpage and attach them to Form I-9.
- When completing a case in E-Verify, enter the expiration date of “July 1, 2026” from the Form I-9.
- Check USCIS websites regularly for updated information.
Erickson Insights & Analysis
Other TPS terminations have been similarly stayed and then the Department of Homeland Security, in the appeals process, ultimately prevailed in the U.S. Supreme Court in similar cases. The Department of Homeland Security is working with Department of Justice to determine next steps. Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.