USCIS Updates I-9 and E-Verify Guidance for Haiti and Syria TPS Holders

USCIS and E-Verify have released coordinated updated guidance for employers on how to handle I-9 and E-Verify compliance for current Temporary Protected Status (TPS) beneficiaries from Haiti and Syria. The guidance clarifies documentation requirements in light of ongoing court orders affecting TPS designations. For Form I-9, new hires who are TPS holders from Haiti or Syria should have Section 1 completed with 'as per court order' in the expiration date field, while Section 2 should reflect an expiration date of July 1, 2026 for both Haitian and Syrian TPS holders. Existing employees require only an annotation in the Additional Information Box or Supplement B referencing the court stay and applicable expiration date. For E-Verify, employers are instructed to use July 1, 2026 as the controlling expiration date when creating or updating cases for TPS holders from either country. Importantly, employers must not treat the earlier printed date on the Employment Authorization Document (EAD) as the operative expiration date, and must not run a second E-Verify case for existing employees. This guidance is directly relevant to EB-3 applicants and sponsored workers who may hold TPS status concurrently with a pending employment-based green card petition. Employers sponsoring such workers should update their I-9 records and E-Verify cases accordingly to remain in compliance and avoid potential audit exposure.