USCIS Updates I-9 and E-Verify Rules for Burma, Ethiopia, Somalia TPS Holders 2026

USCIS and E-Verify have released updated coordinated guidance for employers managing I-9 and E-Verify compliance for Temporary Protected Status (TPS) beneficiaries from Burma, Ethiopia, and Somalia. The guidance reflects a court stay that supersedes the printed expiration dates on Employment Authorization Documents (EADs) issued to these workers. For new hires, employers must enter "as per court order" in Section 1 of the I-9 and use country-specific dates in Section 2: April 15, 2026 for Burmese TPS holders, April 13, 2026 for Ethiopian TPS holders, and May 18, 2026 for Somalian TPS holders. For existing employees, employers should add a note in the Additional Information Box or Supplement B referencing the court stay and applicable date. The E-Verify instructions mirror the I-9 approach. When creating or updating a case for a TPS beneficiary, employers must use the court-order-based expiration dates above — not the earlier printed date on the EAD. Crucially, employers should not run a second E-Verify case for existing employees who have already been verified. This guidance is particularly important for employers in industries that commonly sponsor EB-3 workers, as TPS holders from these countries may also be pursuing permanent residency pathways. Non-compliance with I-9 and E-Verify rules can jeopardize an employer's ability to sponsor future immigration petitions. Employers are advised to review their I-9 records for any affected employees and make corrections promptly in accordance with the updated agency guidance.