2026 USCIS Alert: TPS Work Authorization Extended for 7 Countries After Supreme Court Ruling

On June 25, 2026, the U.S. Supreme Court issued a ruling limiting judicial review of Temporary Protected Status (TPS) designation decisions. In response, USCIS issued updated guidance providing short-term administrative extensions of TPS-based employment authorization for nationals of seven affected countries while ongoing court proceedings are resolved. The temporary extensions cover Employment Authorization Documents (EADs) in categories A12 or C19. Haiti's beneficiaries are covered through July 24, 2026, while beneficiaries from Burma, Ethiopia, Somalia, South Sudan, Syria, and Yemen are covered through July 17, 2026. USCIS clarified these are transitional administrative measures, not new or long-term TPS designations. Employers with TPS-covered workers must take specific compliance steps: continue recognizing existing EADs through the applicable temporary expiration date, update Form I-9 with the USCIS-specified temporary date, and use that date when creating E-Verify cases. Critically, employers must not suspend or terminate employees solely because their EAD shows an earlier printed expiration date. Given that extensions are measured in days rather than months, further guidance from USCIS or the courts is expected before current deadlines expire. Employers should calendar reverification dates and monitor USCIS announcements closely to maintain Form I-9 compliance and avoid unintentional employment authorization violations. While this guidance does not directly affect EB-3 petitioners, it highlights the broader volatility in U.S. immigration policy following the 2026 Supreme Court term — a trend EB-3 applicants and their sponsors should remain aware of as the administration continues adjusting immigration enforcement priorities.