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On June 25th, 2026, the United States Supreme Court (Court) issued a decision in Mullin v. Doe that has ramifications for Temporary Protected Status (TPS) designations for some employees. Specifically, the decision allows the Department of Homeland Security (DHS) to move forward with ending Temporary Protected Status for visitors from certain countries. Those countries are: Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen. To assist employers in gathering, reviewing, or updating employees’ employment authorization documents, U.S. Citizenship and Immigration Services (USCIS) and E-Verify issued country-specific guidance on Form I-9 and E-Verify compliance. Later in this post, we will discuss each piece of information. Earlier, in April 2025, the USCIS issued non-mandatory updates to the Form I-9.
Employment Authorization Documents
An unexpired Employment Authorization Document (Form I-766) is one way employees may prove they are authorized to work in the United States for a specific time period. Form I-766 is included under List A in the USCIS’ Form I-9 List of Acceptable Documents. Applicants must file Employment Authorization Documents if they are:
- authorized to work in the U.S. because of immigration status or circumstances (for example, as an asylee or refugee) and need evidence of employment authorization; or
- required to apply for permission to work because they are applying to be a permanent resident, applying for asylum, or need permission from the USCIS as a non-immigrant.
The USCIS also provides temporary Employment Authorization Documents to certain nonimmigrants who are beneficiaries of approved employment-based immigrant visa petitions, as well as their qualifying spouses and children. Certain nonimmigrants may also be caught in backlogs for immigrant visas and face compelling circumstances. The USCIS determines, at its discretion, what compelling circumstances justify issuing employment authorization documents.
Termination of Temporary Protected Status Guidance Issued for the Seven Countries
In general, the following information was released on July 10th, 2026, by the USCIS and E-Verify regarding the Temporary Protected Status for workers from seven specific countries. Links to the specific documentation can be found in the country name.
“The validity of Employment Authorization Documents (EADs) issued under the TPS designation for Burma with an original expiration date of Nov. 25, 2025, May 25, 2024, or Nov. 25, 2022, is extended per court order. Aung DOE et al. v. Noem et al., No. 25-cv-15483 (N.D. Ill.). The extension is limited relief until the U.S. District Court for the Northern District of Illinois aligns with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026.
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 17, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Burma webpages and attach them to Form I-9. Check USCIS websites regularly for updated information.
When completing a case in E-Verify, enter the expiration date of “July 17, 2026” from the Form I-9. Check USCIS websites regularly for updated information.”
“The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Ethiopia with an original expiration date of June 12, 2024, and Dec. 12, 2025, is extended per court order. African Communities Together et al. v. Noem et al., No. 26-cv-10278-BEM (D. Mass.). The extension is limited relief until the U.S. District Court for the District of Massachusetts aligns with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026.
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 17, 2026,” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Ethiopia webpage and attach them to Form I-9. Check USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “July 17, 2026,” from the Form I-9. Check USCIS websites regularly for updated information.”
“The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti with an original expiration date of Feb. 3, 2026, Aug. 3, 2025, Aug. 3, 2024, June 30, 2024, Feb. 3, 2023, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, July 22, 2019, Jan. 22, 2018, or July 22, 2017 is extended per court order. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.). The extension is limited relief until the lower courts align with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026.
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 24, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Haiti webpage and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “July 24, 2026” from the Form I-9. Check back to USCIS websites regularly for updated information.”
“The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Somalia with an original expiration date of March 17, 2023, September 17, 2024, and March 17, 2026, is extended per court order. African Communities Together et al. v. Noem et al., No. 26-cv-11201 (D. Mass.). The extension is limited relief until the U.S. District Court for the District of Massachusetts aligns with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026.
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 17, 2026,” in Section 2 along with a note in the Additional Information box. Employers may download the TPS Somalia webpage and attach it to Form I-9. When completing a case in E-Verify, enter the expiration date of “July 17, 2026,” from the Form I-9. Check USCIS websites regularly for updated information.”
“The validity of Employment Authorization Documents (EADs) issued under the TPS designation of South Sudan with an original expiration date of Nov. 3, 2023, May 3, 2025, or Nov. 3, 2025, is extended per court order. African Communities Together et al. v. Noem et al., No. 25-cv-13939-PBS (D. Mass.). The extension is limited relief until the U.S. District Court for the District of Massachusetts aligns with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026.
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 17, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS South Sudan webpage and attach them to Form I-9. Check USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “July 17, 2026” from the Form I-9. Check USCIS websites regularly for updated information.”
“The validity of Employment Authorization Documents (EADs) issued under the TPS designation for Syria with an original expiration date of Sept. 30, 2025, Mar. 31, 2024, Sept. 30, 2022, or Mar. 31, 2021, is extended per court order. Dahlia Doe v. Noem, 25-cv-8686 (S.D.N.Y.). The extension is limited relief until the lower courts align with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026.
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 17, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Syria webpage and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “July 17, 2026” from the Form I-9. Check back to USCIS websites regularly for updated information.”
“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. The extension is limited relief until the U.S. District Court for the Southern District of New York aligns with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. ____ (2026), issued on June 25, 2026.
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 17, 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. Check USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “July 17, 2026” from the Form I-9. Check USCIS websites regularly for updated information.”
Employer Takeaways
In conclusion, any employers who have workers from the seven countries mentioned in this blog post need to examine their employment authorization documents as soon as possible and make the changes now required by the DHS, the USCIS, and E-Verify. It is also highly recommended to speak with your company’s legal counsel to ensure you comply with ever-changing immigration laws.
