USCIS Extends El Salvador & Yemen TPS EADs: 2026 I-9 Compliance Alert for Employers

USCIS has updated its guidance for Temporary Protected Status (TPS) work authorization, with significant changes affecting El Salvador and Yemen beneficiaries. For El Salvador TPS holders, USCIS automatically extended Employment Authorization Documents (EADs) with a facial expiration date of March 9, 2025, through July 22, 2026. Employers should note that EADs previously extended only through March 9, 2026 are now expired and cannot be accepted as valid work authorization. On May 1, a federal judge from New York temporarily blocked the Department of Homeland Security from terminating TPS protections for more than 2,800 Yemeni beneficiaries, pausing the scheduled May 4 termination. USCIS subsequently issued I-9 guidance instructing employers to enter 'as per court order' in Section 1 and 'July 1, 2026' as the expiration date in Section 2 for Yemen TPS holders, with the note that these are temporary placeholders rather than new validity periods. The broader TPS litigation landscape remains active. On April 29, the U.S. Supreme Court heard oral arguments in challenges to DHS's terminations of TPS for Syria and Haiti. The Court appeared divided on both judicial review authority and the merits, and a ruling expected before the end of the current term could have sweeping implications for TPS beneficiaries across all affected countries. For I-9 and E-Verify compliance, USCIS has published updated placeholder expiration dates for TPS countries affected by litigation stays, including Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen. Employers should monitor E-Verify guidance closely, especially as Somalia's placeholder date of May 18, 2026 approaches. While this article primarily concerns TPS holders rather than EB-3 applicants, employers managing diverse workforces should stay current with these I-9 compliance changes. Mishandling expired EADs or failing to apply court-ordered extensions can create liability during audits, affecting businesses that also sponsor EB-3 workers.