USCIS & E-Verify Issue Updated TPS Guidance for 7 Countries After SCOTUS Decision 2026
Following a landmark Supreme Court ruling, USCIS and E-Verify have released updated Temporary Protected Status guidance affecting nationals from seven countries, with direct implications for employment authorization and status adjustment pathways.
In the wake of a significant Supreme Court decision, USCIS and E-Verify have jointly issued updated guidance on Temporary Protected Status (TPS) for nationals from seven designated countries. The ruling clarifies how TPS holders are treated under immigration law, particularly regarding their ability to maintain work authorization and pursue lawful permanent residence through employment-based categories.
The updated guidance addresses employer obligations under E-Verify for TPS beneficiaries, outlining new documentation requirements and re-verification procedures that employers must follow. Companies with TPS-holding employees are advised to review their I-9 compliance processes and consult with immigration counsel to ensure alignment with the revised framework.
For EB-3 applicants who previously held or currently hold TPS, the SCOTUS decision may affect concurrent adjustment of status filings. USCIS has clarified that certain TPS holders who entered the U.S. without inspection may face additional hurdles in pursuing I-485 adjustment, depending on their country of origin and individual case history.
The seven countries covered by the updated guidance include nations with large immigrant communities actively pursuing employment-based green cards. Practitioners are urging affected individuals to assess their eligibility for EB-3 or other immigrant pathways before any TPS designation expires or is terminated.
Immigration attorneys recommend that TPS holders in the EB-3 pipeline consult with counsel immediately to evaluate how the SCOTUS ruling applies to their specific situation, including whether they should accelerate pending petitions or explore alternative adjustment routes.
A federal judge vacated a State Department policy suspending immigrant visas for nationals of 75 countries, ruling it unlawful on four grounds. All visa refusals based solely on the ban must now be reconsidered on individual merit.
A federal judge ruled on August 21, 2026 that the Trump administration's policy blocking immigrant visas for nationals of 75 countries violated federal immigration law, potentially unblocking thousands of EB-3 and family-based green card cases.
A federal judge in New York struck down the Trump administration's blanket immigrant visa ban on nationals of 75 countries on August 21, 2026, ruling it constitutes unlawful nationality discrimination under the INA.