Immigration Update

The Supreme Court's TPS Ruling Changed the Planning Calculus for HR Leaders

Published on
July 1, 2026
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The Supreme Court's TPS Ruling Changed the Planning Calculus for HR Leaders | WayLit
Updated October 8, 2026

The country guidance below replaces the July 2026 status summaries. The July 10 EAD extensions have passed. USCIS now lists termination dates for Haiti, Syria, Yemen, South Sudan, Burma, Ethiopia, and Somalia. Other country notices have different dates and conditions. Review the linked notice and the employee’s current documentation before making an employment decision.

The TPS planning question for HR has changed since July. USCIS now lists several country terminations that took effect during the summer, while other notices describe continued protection or upcoming designation dates. HR needs a current review for each affected employee and a process that keeps those reviews up to date.

What the ruling means for planning

USCIS’s notices for Haiti, Syria, Yemen, South Sudan, Burma, Ethiopia, and Somalia refer to the Supreme Court’s June 25, 2026 decision in Mullin v. Doe and now list effective termination dates. The immediate operational question is which notice applies to the employee and what documentation establishes their current work authorization.

The earlier July extensions are historical. A planning process that assumes a court pause will keep work authorization in place can leave HR, managers, and employees waiting on a date that has already passed. Assign responsibility for checking the official notice and reviewing the employee’s record with counsel.

Country guidance as of October 8, 2026

This is a summary of the published USCIS notices, including termination alerts on archived country pages. It does not determine an individual employee’s eligibility or work authorization.

USCIS country notices checked October 8, 2026
Country or designationPublished USCIS guidance
HaitiUSCIS states that TPS terminated effective July 27, 2026. The earlier July 10 extension does not establish current work authorization. USCIS Haiti notice.
SyriaUSCIS states that TPS terminated effective July 27, 2026. The earlier July 10 extension does not establish current work authorization. USCIS Syria notice.
YemenUSCIS states that TPS terminated effective July 20, 2026. The earlier July 10 extension does not establish current work authorization. USCIS Yemen notice.
South SudanUSCIS states that TPS terminated effective August 7, 2026. The earlier July 10 extension does not establish current work authorization. USCIS South Sudan notice.
Burma (Myanmar)USCIS states that TPS terminated effective August 7, 2026. The earlier July 10 extension does not establish current work authorization. USCIS Burma (Myanmar) notice.
EthiopiaUSCIS states that TPS terminated effective August 18, 2026. The earlier July 10 extension does not establish current work authorization. USCIS Ethiopia notice.
SomaliaUSCIS states that TPS terminated effective August 14, 2026. The earlier July 10 extension does not establish current work authorization. USCIS Somalia notice.
NepalUSCIS states that TPS terminated effective August 5, 2025. USCIS Nepal notice.
HondurasUSCIS states that TPS terminated effective September 8, 2025. USCIS Honduras notice.
NicaraguaUSCIS states that TPS terminated effective September 8, 2025. USCIS Nicaragua notice.
AfghanistanUSCIS states that TPS terminated effective July 22, 2025. USCIS Afghanistan notice.
Venezuela (2021)USCIS lists termination effective November 7, 2025, at 11:59 p.m. USCIS Venezuela notice.
Venezuela (2023)USCIS states that the Supreme Court allowed termination to take immediate effect on October 3, 2025. A documented exception for certain TPS-related documents issued on or before February 5, 2025, ran through October 2, 2026. That date has passed. USCIS Venezuela notice.
El SalvadorUSCIS says an announcement will be made at the appropriate time and that Salvadoran individuals present in the U.S. under TPS retain protection, including work authorization, until that announcement. Its older table lists September 9, 2026; use the current alert when reviewing the designation. USCIS El Salvador notice.
UkraineUSCIS lists TPS through October 19, 2026. Its previously announced EAD automatic-extension date was April 19, 2026 and has passed. Check the employee’s current documents and any newer notice. USCIS Ukraine notice.
SudanUSCIS lists TPS through October 19, 2026. Its previously announced EAD automatic-extension date was April 19, 2026 and has passed. Check the employee’s current documents and any newer notice. USCIS Sudan notice.
LebanonUSCIS lists TPS and an automatic extension of qualifying TPS EADs through November 27, 2026. The EAD extension covers A12 or C19 cards with a May 27, 2026 expiration date. Check the notice’s documentation requirements. USCIS Lebanon notice.

What HR should do now

Review existing records with immigration counsel

Start with the employee’s existing employment-verification records and counsel’s case information. Confirm the basis of work authorization, the documents on file, and any applicable extension. A country designation date and an individual EAD expiration date answer different questions. A TPS termination also does not establish that an employee lacks every other basis for employment authorization.

Assign an owner and a next review date

Record who checks the official notice, who reviews the employee’s documents, and who follows up with the employee. Ukraine and Sudan list October 19, 2026, only 11 days after this update. Lebanon lists November 27, 2026. Review those populations promptly and keep the calendar tied to the latest notices rather than the old article dates.

Communicate the review process clearly

Explain which notice changed, what counsel is reviewing, and when the employee will receive an answer. Have counsel guide any reverification or employment action through the company’s established process. Managers need a confirmed staffing plan; employees need a clear contact and an explanation of the next step.

Evaluate alternatives without promising a transition

If counsel identifies another possible immigration route, record its eligibility requirements, timing, cost, and any expected gap in work authorization. Starting an application does not itself establish that someone can continue working. Keep legal conclusions with counsel and communicate only the outcome that has been confirmed for the employee.

Common questions from HR teams

Can HR still rely on the July 10, 2026 extension?

That date has passed. Use the current country notice and the employee’s documents. The table above links directly to the USCIS pages checked for this update.

Does a TPS termination decide every employee’s work authorization?

An employee may have a separate basis for work authorization. Review the individual record with counsel rather than drawing a conclusion from nationality or a country-level termination alone.

Why do some USCIS pages show older dates?

Several country pages are archived and retain historical tables. Use the termination alert for the current country-level statement. El Salvador’s current alert also addresses continued protection even though its table still lists September 9, 2026. Preserve the specific notice used for each review.

What happens after the dates shown for Ukraine, Sudan, or Lebanon?

This update does not predict a new designation decision or extension. Check the latest USCIS notice before relying on continued protection or a new EAD extension.

Build a program that keeps dates current

Maintain a record of the official source, the date it was checked, counsel’s assessment, and the next review. When a notice changes, update the affected employee’s plan and the manager’s staffing assumptions together. This gives HR a concrete process even when the country-level situation changes.

For the employee-level checklist, see TPS Employees 2026: HR Guide to Protected vs. At-Risk Workers.

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