USCIS Aug 2026 Update: Form I-9 Guidance for Burma and Somalia TPS Designations

USCIS released updated guidance on August 3 regarding Form I-9 compliance procedures for employees covered under Temporary Protected Status (TPS) designations for Burma (Myanmar) and Somalia. The update provides employers with clarification on how to properly document and verify employment authorization for affected TPS beneficiaries. Temporary Protected Status allows nationals from designated countries facing ongoing armed conflict, environmental disasters, or extraordinary conditions to live and work legally in the United States. Employers are required to accept valid TPS-related Employment Authorization Documents (EADs) during I-9 verification, and USCIS periodically issues guidance updates to reflect changes in designation periods or documentation requirements. For HR professionals and employers with Burmese or Somali national employees, this update is particularly important. Failure to follow current I-9 guidance can result in compliance violations during audits by U.S. Immigration and Customs Enforcement (ICE). Employers should review their I-9 records for affected employees and ensure documentation aligns with the August 3 guidance. While TPS is distinct from employment-based immigration pathways like EB-3, many TPS holders may simultaneously pursue permanent residency through employer sponsorship. Employers already familiar with I-9 procedures for TPS holders are better positioned to support employees navigating concurrent immigration processes.