PolicyJDSupra Immigration · 3 min read
USCIS 2026 Alert: Somalia TPS Expiration Extended to July 1, 2026 Amid Supreme Court Watch
USCIS updated Somalia TPS guidance on May 15, aligning all TPS placeholder dates to July 1, 2026 for Form I-9 completion. A pending Supreme Court ruling on Syria/Haiti TPS cases could have sweeping implications for the broader TPS program.
On May 15, 2026, USCIS issued updated guidance for employers and employees completing Form I-9 for Somali TPS holders. The agency now instructs individuals to enter 'as per court order' in Section 1 and 'July 1, 2026' in Section 2, with an additional note in the Additional Information box. This update brings Somalia's TPS dates into alignment with all other TPS-designated countries.
The alignment of expiration dates to July 1, 2026 reflects an ongoing federal court stay that has kept TPS protections in place pending a U.S. Supreme Court decision. On May 1, the court extended that stay in the parallel Syria and Haiti TPS cases, which carry broader constitutional and policy significance for the TPS program as a whole.
The Supreme Court's forthcoming ruling on Syria and Haiti TPS could set a precedent affecting TPS protections for all designated nationalities with little advance notice. Employers with TPS workers on staff — including those simultaneously pursuing employment-based green cards such as EB-3 — should monitor both the district court proceedings and the Supreme Court docket closely.
For EB-3 applicants who currently hold TPS status, maintaining valid work authorization is critical during the green card process. Any disruption to TPS protections could affect employment eligibility and, by extension, the continuity of sponsored employment required for an active EB-3 petition.