U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance regarding the termination of Temporary Protected Status (TPS) for Haiti and the validity of Employment Authorization Documents (EADs) for Haitian TPS beneficiaries.
The July 24 announcement supersedes earlier guidance issued on July 10, 2026, and reflects ongoing litigation that has temporarily blocked the termination of Haiti’s TPS designation. According to USCIS, the agency is implementing a court-ordered extension of certain TPS-related employment authorization benefits while legal proceedings continue.
Which TPS Haiti EADs Are Covered?
According to USCIS, Employment Authorization Documents issued under Haiti’s TPS designation are automatically extended if they carry one of the following original expiration dates:
- July 22, 2017
- January 22, 2018
- July 22, 2019
- January 2, 2020
- January 4, 2021
- October 4, 2021
- December 31, 2022
- February 3, 2023
- June 30, 2024
- August 3, 2024
- August 3, 2025
- February 3, 2026
USCIS states that these EADs remain valid pursuant to the court order while the case remains pending.
Form I-9 Guidance for Employers
USCIS has provided updated instructions for employers completing Form I-9 for affected TPS Haiti beneficiaries.
When completing Form I-9:
- Employees should enter “as per court order” in the expiration date field in Section 1.
- Employers should enter July 27, 2026 as the expiration date in Section 2.
- Employers should also include an explanatory note in the Additional Information field.
USCIS recommends retaining copies of the agency alert and TPS Haiti guidance with Form I-9 records for documentation purposes.
E-Verify Instructions
For employers using E-Verify, USCIS instructs employers to use July 27, 2026 as the employment authorization expiration date when creating or updating a case involving an affected TPS Haiti beneficiary.
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.