TPS Work Authorization Preserved for Burma, Ethiopia, Haiti & More via Court Orders

Federal courts in Illinois, Massachusetts, New York, and the District of Columbia have issued stays halting the planned termination of Temporary Protected Status (TPS) for Burma, Ethiopia, Haiti, Somalia, South Sudan, and Syria. These stays preserve work authorization for TPS holders while litigation continues, overriding previously announced termination dates that ranged from November 2025 through March 2026. USCIS and E-Verify have published coordinated employer guidance detailing how to handle Form I-9 and E-Verify compliance under the court orders. For new hires, employers must input 'as per court order' in Section 1 and use country-specific court-extended expiration dates in Section 2 — for example, March 27, 2026 for Haitian TPS holders and April 8, 2026 for Ethiopian TPS holders. For existing employees, employers should add a notation referencing the court order in the Additional Information Box or Supplement B of the I-9. Critically, the earlier printed expiration date on Employment Authorization Documents (EADs) is no longer controlling — the court-extended dates govern for both I-9 and E-Verify purposes. Employers should not request new documents or run a second E-Verify case for existing employees. HR teams are advised to save and attach USCIS and E-Verify country-specific alerts to I-9 files for audit readiness. Employers should also monitor ongoing litigation and subscribe to GovDelivery alerts, as USCIS guidance may change. Initiating reverification or adverse action based solely on the old EAD expiration date could constitute discriminatory practices under federal law. While TPS is a separate status from EB-3, many TPS holders are simultaneously pursuing employment-based green card pathways. Maintaining valid I-9 compliance is essential for continuity of employment and sponsorship eligibility throughout the EB-3 process.