This article was originally published April 14, 2026. The TPS landscape changed significantly on June 25, 2026, when the Supreme Court ruled 6-3 that courts have very limited authority to block TPS terminations. Haiti and Syria TPS ended as a result. USCIS extended EADs for seven countries — Haiti, Syria, South Sudan, Burma, Ethiopia, Somalia, and Yemen — through July 10, 2026, as limited relief while lower courts align with the ruling. Lebanon TPS was separately extended through November 27, 2026.
For analysis of the Supreme Court ruling and what HR leaders should do now, read our updated article: The Supreme Court's TPS Ruling Changed the Planning Calculus for HR Leaders →
- TPS has been terminated for multiple countries since mid-2025. For some, termination is fully in effect. For others, brief extensions through July 10, 2026 are in place while courts respond to the Supreme Court's ruling.
- On June 25, 2026, the Supreme Court ruled that the federal government can terminate TPS designations with very limited judicial review. Haiti and Syria TPS ended as a result.
- What HR needs to do depends on which country an employee is from and the current status of their EAD.
- The time to act is before work authorization runs out. For many employees in the July 10 group, that window is days away.
What TPS is and why it matters to HR
Temporary Protected Status is a humanitarian designation that allows nationals from certain countries to live and work legally in the United States. TPS holders receive an Employment Authorization Document, or EAD, that authorizes them to work for any employer.
From an HR perspective, a TPS employee looks like any other worker. They have an EAD, complete an I-9, and do their jobs. The difference is that their work authorization is tied to a government designation that can be revoked. Since mid-2025, that has been happening at scale. The Supreme Court's June 25, 2026 ruling removed the main judicial check on that process.
How to identify a TPS employee's EAD
Look at the "Category" field on the face of the EAD card. TPS EADs show one of two codes:
- A-12: TPS has been granted
- C-19: TPS application is pending
Both codes are valid for I-9 purposes. If you see either code on an employee's EAD, their work authorization is tied to TPS and subject to everything in this guide.
| Country | Termination Date | Current status for your employee |
|---|---|---|
| Haiti Supreme Court | February 3, 2026 (effective July 1, 2026) | TPS ended per the Supreme Court's June 25, 2026 ruling (Trump v. Miot, No. 25-1084), which dissolved the court stay. USCIS extended EADs through July 10, 2026 as limited relief while lower courts align with the ruling. After July 10, employees whose only work authorization is a Haiti TPS EAD will need an alternative basis to continue working. Check E-Verify Haiti guidance for I-9 instructions. |
| Syria Supreme Court | November 21, 2025 (effective July 1, 2026) | TPS ended per the Supreme Court's June 25, 2026 ruling (Mullin v. Doe, No. 25-1083). USCIS extended EADs through July 10, 2026 as limited relief. After July 10, employees whose only work authorization is a Syria TPS EAD will need an alternative basis. Check E-Verify Syria guidance for I-9 instructions. |
| Yemen July 10 | May 4, 2026 | TPS was terminated effective May 4, 2026, but a court stay remained active. USCIS extended EADs through July 10, 2026 per guidance issued July 1, 2026 — the same limited-relief extension given to the other six countries. After July 10, Yemen EADs based solely on TPS will lapse unless further guidance is issued. |
| Nepal | August 5, 2025 | TPS ended. A district court briefly vacated the termination in December 2025, but the Ninth Circuit reinstated it on February 9, 2026. EADs based solely on Nepal TPS are expired. |
| Honduras | September 8, 2025 | TPS ended. Same procedural path as Nepal — Ninth Circuit reinstated termination February 9, 2026. EADs based solely on Honduras TPS are expired. |
| Nicaragua | September 8, 2025 | TPS ended. Same as Honduras. EADs based solely on Nicaragua TPS are expired. |
| Afghanistan | July 21, 2025 | TPS ended. The Fourth Circuit granted a brief seven-day extension; a higher court allowed the termination to stand on February 9, 2026. EADs based solely on Afghanistan TPS are expired. |
| Venezuela (2021) | November 7, 2025 | TPS ended. No active court protection. EADs based solely on this designation are expired. |
| Venezuela (2023) | October 3, 2025 | TPS ended. Exception: EADs issued on or before February 5, 2025 with an expiry of October 2, 2026 remain valid through that date. Verify the issue date on the card before taking action. |
What to do if an employee's EAD has expired
If an employee's EAD expired and it was based solely on TPS from one of the countries above, their work authorization has ended. USCIS will not process a new TPS application for terminated designations.
- Confirm through the I-9 that the employee has no other basis for work authorization. Do not make an employment decision based on country of origin alone — verify actual authorization status.
- HR should not ask employees to prove nationality as part of this review. Review based on the I-9 documentation on file and any documents the employee chooses to provide.
- Engage an immigration advisor to assess whether any other work authorization category applies before taking any employment action.
USCIS described these extensions as "limited relief until the lower courts in ongoing TPS litigation take action that aligns" with the Supreme Court's ruling. Further guidance is expected. Check the USCIS TPS country page for each country before taking any employment action.
| Country | Termination Date | Current status for your employee |
|---|---|---|
| South Sudan | January 5, 2026 | Your employee can currently work. A court stay remains in place, and USCIS extended EAD validity through July 10, 2026 per guidance issued July 1, 2026. This supersedes the prior July 1 date. Check USCIS South Sudan TPS page for further updates after July 10. |
| Burma (Myanmar) | January 26, 2026 | Your employee can currently work. A court stay remains in place, and USCIS extended EAD validity through July 10, 2026 per guidance issued July 1, 2026. Check USCIS Burma TPS page for further updates after July 10. |
| Ethiopia | February 13, 2026 | Your employee can currently work. A court stay remains in place, and USCIS extended EAD validity through July 10, 2026 per guidance issued July 1, 2026. Check USCIS Ethiopia TPS page for further updates after July 10. |
| Somalia | March 17, 2026 | Your employee can currently work. A court stay remains in place, and USCIS extended EAD validity through July 10, 2026 per guidance issued July 1, 2026. Monitor USCIS for further guidance after July 10. |
How to prepare for this group now
Employees in this group have valid work authorization through July 10, 2026. The Supreme Court's ruling significantly weakens the legal foundation of the stays protecting these countries. Further court action or USCIS guidance is expected before or shortly after July 10.
- Verify that each employee's EAD reflects the current extension. For I-9 purposes, prior USCIS guidance instructed entering "as per court order" in Section 1 and the extension date in Section 2. Check USCIS I-9 Central for updated instructions as guidance may have changed.
- Do not wait until July 10 to begin conversations about alternatives. The window between now and when these stays dissolve is the planning window. For employees you want to retain, that conversation with immigration counsel needs to happen this week.
- Monitor the USCIS TPS country page and I-9 Central for each country daily through July 10. Guidance may be updated on short notice.
| Country | Valid Through | Current status for your employee |
|---|---|---|
| El Salvador Expiring soon | September 9, 2026 | TPS is active. No termination order. However, the designation expires in approximately 70 days. If DHS does not extend it, the Supreme Court ruling means courts are unlikely to be able to pause a termination. Begin alternative visa conversations now for employees you want to retain. |
| Ukraine | October 19, 2026 | TPS is active. No termination order. Designation expires in approximately 110 days. Set a 90-day flag and begin monitoring for a DHS announcement. |
| Sudan | October 19, 2026 | TPS is active. No termination order. Same timeline as Ukraine. Monitor for DHS renewal decision. |
| Lebanon Extended | November 27, 2026 | TPS was automatically extended for six months because DHS did not make a timely determination before the May 27, 2026 expiration date. EADs are automatically extended through November 27, 2026. DHS has indicated it will review Lebanon conditions and decide on extension or termination by September 28, 2026. |
Alternative visa paths to evaluate
This section is not a specific recommendation for any employee. Eligibility depends on each person's individual situation, and that assessment belongs with an immigration advisor. What HR can do is understand what categories exist and raise them early.
Employer-sponsored work visas
- H-1B is available for specialty occupation roles. New cap-subject petitions require lottery registration, which opens in March 2027 for an October 2027 start date. Some employees may qualify as cap-exempt (prior H-1B holders within the last six years), which moves faster.
- O-1 is available for employees with demonstrated extraordinary ability. No lottery. The bar for eligibility is high, but for senior technical or specialized roles it is worth assessing.
- L-1 is available if your company has international offices and the employee has worked abroad for the company for at least one year.
Employment-based green card (PERM)
For employees the company wants to retain long term, starting PERM is the most durable solution. A standard case currently takes 18 to 22 months. It removes dependence on TPS entirely once completed. The earlier it starts, the more it protects continuity of employment.
Common questions from HR teams
Cross-reference the employee's country with the current status tables above. Confirm whether a USCIS EAD extension applies and through what date. Review the physical EAD for its expiration date and the category code. If there is any uncertainty, work with an immigration advisor before taking any action.
USCIS extended their EADs through July 10 as limited relief while lower courts align with the Supreme Court ruling. After July 10, further USCIS guidance will determine whether additional extensions are granted or whether the terminations take effect. Monitor the USCIS TPS country page for each country closely and check I-9 Central for updated employer instructions.
Generally no. Once work authorization has lapsed, continuing employment creates a compliance risk regardless of whether a new petition is in progress. The exception is if the employee has a pending application that independently provides work authorization. That determination needs to be made for each specific employee with an immigration advisor before continuing employment.
Yes. Before the Supreme Court's ruling, there was a reasonable assumption that even a TPS termination would be slowed by court challenges. That assumption is now much less reliable. For employees from these countries in roles you want to retain, the alternative visa assessment should start now — not after a DHS announcement. El Salvador's designation expires September 9, 2026, which is approximately 70 days away.
Yes, if the EAD was issued on or before February 5, 2025. USCIS confirmed that Venezuelan TPS beneficiaries who meet that condition retain valid work authorization through October 2, 2026. Verify the issue date on the card and document it in the I-9 file.
Lebanon TPS was automatically extended for six months because DHS did not make a timely determination before the May 27, 2026 expiration. EADs are automatically extended through November 27, 2026. DHS has indicated it will review conditions in Lebanon and decide whether to extend or terminate by September 28, 2026. No action is needed from employees to maintain this extension.
This article is for informational purposes only and does not constitute legal advice. The TPS situation is actively changing. Consult qualified immigration counsel before making decisions about employees on TPS or any other immigration status.
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