TPS Updates for Burma, Ethiopia, Haiti: Employer I-9 and E-Verify Guidance

The article from Jackson Lewis addresses recent Temporary Protected Status (TPS) updates affecting workers from Burma, Ethiopia, Haiti, and several other countries. It provides practical compliance guidance for employers navigating I-9 employment eligibility verification and E-Verify processes in light of these changes. TPS designations and re-designations directly impact employment authorization documentation. Employers must understand which documents remain valid, which have been auto-extended, and how to properly record changes in the I-9 form without triggering discriminatory re-verification practices. The guidance includes step-by-step checklists for employers to verify that existing TPS holders' work authorization remains current and to correctly update employment records in E-Verify when auto-extensions apply. Failure to comply can result in both discrimination claims and I-9 audit penalties. While TPS is distinct from EB-3 employment-based immigration, many TPS holders are also in various stages of employment-based green card processes. Employers sponsoring EB-3 workers from affected countries should ensure their HR and legal teams are aligned on current TPS documentation rules to avoid disruptions during the multi-year green card process. Employers are advised to consult with immigration counsel when uncertain about specific document validity periods or E-Verify coding requirements, as incorrect handling can have legal consequences for both the employer and the employee.