Pabian Law Client Alert: Haitian And Syrian TPS Work Authorization Extended To July 24, 2026

Pabian Law Clients and Friends,

I hope al is well. We want to provide an important update relating to Temporary Protected Status (TPS) for Haitians and Syrians. Today, U.S. Citizenship & Immigration Services (USCIS) issued updated guidance for employers that extends employment authorization for qualifying Haitian and Syrian TPS beneficiaries through July 24, 2026.

As background, since the U.S. Supreme Court’s June 25, 2026 decision allowing the U.S. Department of Homeland Security (DHS) to move forward with terminating Haitian and Syrian TPS, there has been considerable uncertainty regarding the employment authorization of individuals working on this status. Originally, the Employment Authorization Document (EAD) validity was extended to July 10, 2026. Today, USCIS announced that EADs issued under Haiti TPS with certain expiration dates remain automatically valid through July 24, 2026, pursuant to the federal court order in Miot et al. v. Trump. USCIS explained that this extension provides limited relief while the lower courts implement the Supreme Court’s June 25, 2026 decision in Mullin v. Doe.

What employers should do now

If you employ individuals with Haitian or Syrian TPS, we recommend taking the following steps:

1. Identify affected employees.
   1. Review your Form I-9 records to identify employees whose employment authorization is based on Haiti TPS, typically evidenced by an EAD with category A12 or C19.
2. Update your Form I-9 records.
   1. USCIS has provided specific instructions for employers completing or updating Forms I-9:
      • Employees should enter “as per court order” in the expiration date field in Section 1, where applicable.
      • Employers should record July 24, 2026 as the employment authorization expiration date in Section 2 and include a note in the Additional Information field indicating that the extension is pursuant to the court order.
      • USCIS also recommends printing and retaining a copy of the USCIS Alert and the Haiti TPS webpage with the employee’s Form I-9.

1. E-Verify users should use July 24, 2026.
   1. When creating an E-Verify case for an employee covered by this automatic extension, employers should enter July 24, 2026 as the document expiration date.
2. Continue monitoring for additional updates.
   1. This area continues to evolve rapidly. USCIS has specifically instructed employers to check the Haiti TPS webpage regularly, as additional guidance or changes may be issued before July 24.

Our recommendation

Although this guidance provides employers with additional certainty for the next two weeks, it does not permanently resolve the status of Haiti TPS. Employers should continue communicating with affected employees and encourage them to explore any alternative immigration or employment authorization options that may be available. If an employee expects to obtain another form of work authorization, it is generally advisable to begin that process as soon as possible.

We recognize that these frequent changes have been challenging for employers trying to remain compliant while supporting their employees. We will continue monitoring developments closely and will provide updates as soon as additional guidance becomes available.