TPS Alert August 2026: Haiti Stay Lifted, OBBBA EAD Restrictions Now in Effect

A series of rapid court rulings in early August 2026 have reshaped the employment authorization landscape for Temporary Protected Status (TPS) holders across multiple nationalities. On August 5, 2026, a federal judge in Washington D.C. lifted the pause on Haiti's TPS termination, requiring employers to immediately reverify affected Haitian employees. USCIS has also directed reverification for workers from Syria and Yemen, though Syria's underlying court stays have not been formally lifted — creating legal ambiguity for employers navigating compliance. For TPS holders from South Sudan and Ethiopia, USCIS issued updated 'placeholder dates' extending Form I-9 and E-Verify deadlines to August 10 and August 19, respectively. Workers from Burma (Myanmar) and Somalia remain under active litigation, with Burma's prior placeholder expiring on August 7, 2026. Employers are urged to monitor USCIS for updated guidance on these designations as courts continue to align with the Supreme Court's June 25, 2026 ruling in Mullin v. Doe. In a separate but equally significant ruling, the U.S. District Court for Massachusetts on August 5, 2026 allowed TPS provisions in the One Big Beautiful Bill Act (OBBBA) to take effect after briefly blocking them on July 21. The OBBBA restricts TPS Employment Authorization Documents (EADs) to a maximum of one year or the duration of the TPS designation. This directly impacts TPS holders from Ukraine, El Salvador, and Sudan, who can no longer rely on EAD extension combinations past July 22, 2026 — they must hold a date-valid EAD with a face-value expiration after that date. For EB-3 applicants who currently hold TPS status, these developments are critical. Any gap in employment authorization could affect ongoing sponsorship, I-140 petitions, or adjustment of status filings. Workers in affected TPS categories should consult an immigration attorney immediately to assess their documentation and ensure continuous work authorization throughout the green card process.