USCIS has issued updated guidance regarding the termination of Temporary Protected Status (TPS) for South Sudan and Ethiopia, confirming that certain TPS-related Employment Authorization Documents (EADs) remain temporarily valid under federal court orders despite prior termination decisions.
The guidance supersedes USCIS notices issued on July 17, 2026.
South Sudan TPS: Temporary EAD Extension Remains in Effect
Although former DHS Secretary Kristi Noem previously determined that South Sudan no longer met the requirements for TPS designation, the termination remains subject to ongoing litigation. South Sudan’s TPS designation was originally scheduled to end on January 5, 2026, but a federal court in Massachusetts stayed the termination pending further proceedings.
As a result, EADs issued under TPS South Sudan with original expiration dates of:
- November 3, 2023
- May 3, 2025
- November 3, 2025
remain valid through August 6, 2026 pursuant to court order.
Ethiopia TPS: Temporary EAD Extension Continues
Similarly, although DHS previously determined that Ethiopia no longer qualified for TPS and scheduled the designation to terminate on February 13, 2026, a federal court subsequently stayed that decision.
Under the court order, TPS Ethiopia EADs with original expiration dates of:
- June 12, 2024
- December 12, 2025
remain valid through August 6, 2026.
Employer I-9 and E-Verify Requirements
For both South Sudan and Ethiopia TPS beneficiaries covered by the court orders:
- Employees should enter “as per court order” in the expiration date field in Section 1 of Form I-9.
- Employers should enter August 6, 2026 in Section 2 and record the appropriate notation in the Additional Information field.
- For E-Verify cases, employers should use August 6, 2026 as the employment authorization expiration date.
USCIS noted that these extensions provide temporary relief while lower courts address the impact of the U.S. Supreme Court’s June 25, 2026 decision in Mullin v. Doe.
Erickson Insights and Analysis
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.