The U.S. Citizenship and Immigration Services (USCIS) and E-Verify have released important updates affecting employees with Temporary Protected Status (TPS) from Burma (Myanmar), South Sudan, and Somalia. These changes impact the validity of certain Employment Authorization Documents (EADs) and employer reverification requirements.
TPS Designations Terminated for Burma and South Sudan
Effective August 7, 2026, the TPS designations for Burma (Myanmar) and South Sudan have officially terminated following determinations by the Department of Homeland Security that conditions in both countries no longer support TPS designation.
As a result:
- EADs issued under TPS for Burma or South Sudan with category A12 or C19 are no longer valid.
- Employers must reverify employment authorization for affected employees who previously presented these documents.
- Employers may not continue employing individuals who cannot provide acceptable proof of current employment authorization.
USCIS notes that this guidance supersedes previous announcements issued earlier in August 2026 for both countries.
Temporary Relief Remains in Place for Somalia TPS Beneficiaries
USCIS also issued updated guidance regarding TPS for Somalia.
While DHS previously announced the termination of Somalia’s TPS designation, a federal court order currently remains in effect, extending certain TPS-related employment authorization benefits. As a result:
- EADs issued under Somalia TPS with original expiration dates of:
- March 17, 2023
- September 17, 2024
- March 17, 2026
remain temporarily valid under court-ordered relief.
- Employers should enter “as per court order” in Section 1 of Form I-9 where applicable.
- In Section 2 of Form I-9, employers should use August 12, 2026 as the document expiration date and note the court-ordered extension in the Additional Information field.
- When creating E-Verify cases, employers should enter August 12, 2026 as the EAD expiration date.
USCIS emphasized that this relief is temporary while lower courts address the implications of the Supreme Court’s June 25, 2026 decision concerning TPS terminations.
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.