USCIS has issued a series of 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 recent decision in Mullin v. Doe. The updates provide temporary guidance for employers and TPS beneficiaries while litigation challenging TPS terminations continues in lower courts.
The announcements come just days after the Supreme Court’s June 25, 2026 ruling, which significantly limited judicial review of TPS termination decisions and is widely viewed as a major victory for the administration’s efforts to end TPS designations for multiple countries.
Background: Supreme Court’s TPS Decision
As EIG previously reported, the Supreme Court ruled in Mullin v. Doe that challenges to DHS decisions concerning TPS designations face substantial legal barriers because Congress largely insulated those determinations from judicial review.
The decision involved TPS terminations affecting Haiti and Syria, but the Court’s reasoning is expected to have implications far beyond those two countries. The ruling strengthens DHS authority to terminate TPS designations and may ultimately affect more than one million TPS beneficiaries nationwide.
Since the ruling, USCIS has updated guidance for countries where federal district courts previously blocked or postponed TPS terminations.
USCIS Extends Work Authorization Through July 10, 2026
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.
For affected TPS beneficiaries, USCIS instructs employers to treat Employment Authorization Documents (EADs) as valid through: July 10, 2026
The guidance applies to TPS beneficiaries from:
- Burma (Myanmar)
- Ethiopia
- Haiti
- Somalia
- South Sudan
- Syria
- Yemen
Employer Form I-9 and E-Verify Guidance
USCIS has provided uniform instructions across all seven countries.
When completing Form I-9:
- Employees should enter “as per court order” in the expiration date field in Section 1.
- Employers should enter “July 10, 2026” in Section 2.
- Employers should note the extension in the Additional Information field.
- USCIS recommends attaching the applicable TPS alert or country-specific webpage to the Form I-9 record.
For E-Verify cases:
- Employers should enter July 10, 2026 as the EAD expiration date.
- Employers should continue monitoring USCIS announcements for further updates.
Countries Impacted
Haiti
DHS previously announced the termination of Haiti’s TPS designation, which had been scheduled to end on February 3, 2026. Litigation in federal court temporarily blocked the termination.
USCIS now states that continued EAD validity is temporary relief pending further action following Mullin v. Doe.
Syria
Syria’s TPS designation was scheduled to terminate on November 21, 2025. A federal court order postponed implementation.
USCIS has now updated its guidance and similarly notes that existing court protections may be short-lived given the Supreme Court’s ruling.
Somalia, South Sudan, Ethiopia, Yemen, and Burma
Each of these TPS designations was previously terminated by DHS but temporarily preserved through federal court orders.
USCIS has now issued substantially identical guidance for all five countries, extending EAD validity through July 10, 2026 while courts determine next steps following the Supreme Court’s decision.
What Happens Next?
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.
Until further guidance is issued, TPS-based EADs covered by these announcements remain valid through July 10, 2026, and employers should follow USCIS’s updated Form I-9 and E-Verify instructions.
Erickson Insights and Analysis
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.
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.