Haiti and Syria TPS Update: I-9 and E-Verify Compliance Guidance

Federal agencies have released updated guidance regarding Temporary Protected Status (TPS) for nationals of Haiti and Syria, with specific instructions for employer compliance with Form I-9 employment eligibility verification and E-Verify requirements. The guidance addresses how employers should handle documentation for TPS beneficiaries from Haiti and Syria, including which documents remain valid for employment authorization purposes and how to properly re-verify work authorization as TPS designations are updated. Employers utilizing E-Verify must follow specific procedures when processing TPS holders, as the system requires particular attention to employment authorization document categories that apply to these individuals. For EB-3 and other employment-based immigration practitioners and employers, staying current on TPS compliance is essential, as TPS holders may be concurrently pursuing permanent residence pathways. Errors in I-9 compliance can create complications in the broader immigration process. Employers with Haitian or Syrian TPS employees should review the latest agency guidance to ensure their I-9 records are properly maintained and that any required re-verification is completed within the applicable timeframes.