USCIS Updates Haiti TPS I-9 Guidance, Sets March 27 EAD Expiration Date

On March 13, 2026, USCIS released updated guidance for employers regarding Haitian Temporary Protected Status (TPS) beneficiaries, superseding the February 14, 2026 notice. The update stems from the federal court order in Miot et al. v. Trump, which stayed the Department of Homeland Security's planned termination of Haiti TPS. Employers are now directed to use March 27, 2026 as the expiration date for affected Employment Authorization Documents (EADs). Under the new instructions, employees must write 'as per court order' in Section 1 of Form I-9, while employers must enter March 27, 2026 as the expiration date in Section 2 and note it in the Additional Information Box. E-Verify cases must also reflect the March 27, 2026 date. Multiple older EAD expiration dates remain valid under this court order, dating back to July 2019. Employers using electronic I-9 platforms face significant compliance challenges, as most systems cannot accommodate non-standard entries like 'as per court order' or override automated expiration date logic. USCIS has not provided clear direction on handling existing I-9 forms completed under earlier Haiti TPS guidance, leaving employers to determine a reasonable, consistent retroactive approach. The underlying litigation remains active. The Trump administration asked the U.S. Supreme Court on March 12 to pause the district court ruling blocking TPS termination for Haiti, with the Solicitor General urging immediate review alongside a related Syria TPS case. The D.C. Circuit had previously declined to put the ruling on hold. For EB-3 employers with TPS-affected workers, the priority is ensuring no employee is prematurely terminated and that all workers are treated consistently in compliance with nondiscrimination obligations. Employers managing large TPS populations should consult immigration compliance counsel before applying any expiration date other than March 27, 2026.