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 Rhode Island federal court vacated USCIS policies that blocked immigration benefit adjudications for nationals of 39 countries, potentially allowing EB-3 adjustment of status and EAD applications to resume. The government may appeal.
The U.S. Supreme Court has allowed the Trump administration to terminate Temporary Protected Status (TPS) for Syrian and Haitian nationals, exposing hundreds of thousands to potential deportation.
A federal court vacated the $100,000 H-1B fee on June 8, 2026, ruling it an unlawful tax, but immediately stayed its own decision. The fee remains enforceable while the government's First Circuit appeal proceeds.