USCISJDSupra Immigration · 3 min read
USCIS TPS Termination Alert: Burma & South Sudan Work Authorization Ends August 2026
USCIS has terminated Temporary Protected Status for Burma and South Sudan effective August 7, 2026, invalidating TPS-based EADs under A12 and C19 categories. Employers must immediately reverify affected workers or risk I-9 violations.
USCIS officially terminated Temporary Protected Status (TPS) for Burma (Myanmar) and South Sudan effective August 7, 2026, ending employment authorization for thousands of TPS beneficiaries from those countries. The agency confirmed that Employment Authorization Documents (EADs) issued under A12 and C19 categories for nationals of both countries are no longer valid for work authorization purposes.
The updated guidance supersedes all prior USCIS instructions that had permitted the use of 'placeholder dates' on Form I-9 and E-Verify while litigation remained pending. Employers may no longer allow continued employment based solely on TPS-issued EADs from Burma or South Sudan, unless the employee can present an independent, valid form of work authorization.
With these terminations, Burma and South Sudan join Haiti, Syria, and Yemen as countries whose TPS designations USCIS currently considers ended for employment authorization purposes. This pattern signals a continued federal policy direction of narrowing TPS protections that has accelerated through 2026.
For employers, the practical obligations are immediate: identify all affected TPS beneficiaries from Burma and South Sudan, request documentation of any alternative work authorization, and update I-9 records accordingly. Workers who cannot demonstrate a separate basis for employment authorization may face suspension or termination under employer policies.
While this development primarily affects TPS holders rather than EB-3 applicants directly, immigration practitioners note that some TPS beneficiaries may have concurrent or pending employment-based petitions. Those with approved I-140 petitions or pending adjustment applications should consult counsel to confirm whether an alternative EAD category applies to bridge the gap.