USCIS Warning 2026: TPS Work Authorization Updates for Haiti, Somalia, Syria & 540-Day EAD Litigation

Employers navigating employment authorization for Temporary Protected Status (TPS) beneficiaries face continued uncertainty as courts and USCIS issue rapidly evolving guidance. On July 24, 2026, USCIS updated its Form I-9, E-Verify, and SAVE instructions for Haiti TPS beneficiaries, superseding earlier July 10 termination-related announcements. The update followed a July 22 D.C. Circuit order denying the government's request to stay a district court injunction in Miot v. Trump, which has kept Haiti TPS and related employment authorization intact. In addition to the Haiti update, USCIS issued revised guidance for Somalia and Syria TPS beneficiaries, assigning placeholder expiration dates of July 29, 2026 and July 27, 2026, respectively. These placeholder dates are temporary compliance tools—not definitive end dates for TPS status—designed to allow employers to complete I-9 verification while litigation continues. Employers should not use these dates as triggers for reverification or adverse employment actions. Separately, a federal court temporarily blocked portions of USCIS's implementation of the One Big Beautiful Bill Act (OBBBA) that would have curtailed automatic 540-day EAD extensions for certain TPS and asylum applicants. As of July 23, 2026, USCIS confirmed that these extensions remain preserved under the court's order, providing short-term relief for affected workers. For EB-3 and other employment-based immigration practitioners, these developments underscore the volatile nature of work authorization rules in 2026. HR and compliance teams must monitor USCIS guidance in near real-time to avoid I-9 errors. Employers should follow current USCIS instructions and refrain from taking employment action based on previously announced termination dates until additional guidance is issued.