USCIS New Rules July 2026: Updated Form I-9 Guidance for TPS Countries Including Burma & Haiti
USCIS has released updated Form I-9 guidance for nationals of Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen under Temporary Protected Status designations, affecting employment eligibility verification for workers from these countries.
USCIS has published updated Form I-9 employment eligibility verification guidance specifically for nationals of seven countries with active Temporary Protected Status (TPS) designations: Burma (Myanmar), Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen. Employers who have workers from these nations on staff must review and apply the revised guidance to remain in compliance with federal employment eligibility requirements.
TPS designations allow nationals of designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions to live and work legally in the United States on a temporary basis. The updated I-9 guidance clarifies how employers should document and verify work authorization for these TPS holders, which can involve auto-extended Employment Authorization Documents (EADs) or other acceptable documentation.
For EB-3 applicants and petitioners, this update is a useful reminder that employment authorization documentation requirements can change and must be carefully tracked. Employers sponsoring foreign workers through the EB-3 process should ensure their HR and compliance teams are aware of current I-9 acceptable document lists to avoid errors that could complicate ongoing petitions or audits.
Workers holding TPS who are also pursuing employment-based green cards, including the EB-3 category, should confirm with their immigration attorney that their work authorization documents are current and properly recorded on their Form I-9. Discrepancies or outdated I-9 records can create complications during adjustment of status proceedings.
USCIS has previewed a revised Form I-485 set to roll out in September 2026. Most of the form remains unchanged, but updates to the public charge section could impact how applicants—including EB-3 filers—complete their adjustment of status application.
USCIS reported 12.1 million total pending cases while its formal backlog stood at 7 million — a 5-million gap that reveals how many cases fall outside official tracking metrics.
USCIS is extending expired Employment Authorization Documents for TPS holders from El Salvador (through Sept. 9, 2026) and Ukraine (through Oct. 19, 2026). Recipients will receive notices by mail and via myUSCIS accounts to present alongside expired EADs as proof of work authorization.