TPS Work Authorization Is on a Short Clock — What Employers and Employees Need to Know Now
The Supreme Court's June 25 decision in Mullin v. Doe cleared the way for the termination of Temporary Protected Status for nationals of Haiti, Syria, Ethiopia, Myanmar (Burma), Somalia, South Sudan, and Yemen. But the story didn't end there — and for TPS holders and their employers, the next several weeks may be the most consequential of all.
Here's where things stand right now, and what you need to do about it.
What USCIS Just Said
On July 1, 2026, USCIS and the E-Verify/SAVE system issued new guidance acknowledging that affected TPS beneficiaries retain the right to remain and work in the United States — for now — because lower federal courts have not yet dissolved the injunctions that were previously blocking the terminations. The Supreme Court reversed and remanded, but until the district courts formally act, those injunctions remain in place.
As a result, Employment Authorization Documents bearing category code A12 or C19 for nationals of the seven affected countries have been extended on a "placeholder" basis through July 10, 2026. That date is not final. USCIS has been explicit that it is subject to change depending on how quickly DHS and the courts act. DHS has already moved to dissolve injunctions in some matters and is expected to file for dissolution in others quickly.
USCIS has added language to the TPS webpage for each affected country noting that EAD validity has been extended per court order, and describing it as "limited relief until the U.S. District Court for the District of Massachusetts aligns with the U.S. Supreme Court's favorable decision in Mullin v. Doe, 609 U.S. ___ (2026), issued on June 25, 2026."
In short: the clock is running, the endpoint is uncertain, and the situation is moving fast.
What Employers Must Do
1. Handle I-9s for New Hires Correctly
For new hires who present a TPS-based EAD from one of the seven countries, USCIS has issued specific I-9 instructions:
The employee should enter "as per court order" for the Expiration Date in Section 1
The employer should enter "July 10, 2026" in Section 2
The employer should also enter a note in the Additional Information field
One important caution: the Department of Justice's Immigrant and Employee Rights Section has stated that it is illegal to take adverse employment action solely because an EAD is expiring. Several states, including California, Illinois, and New York, have similar protections under state law. Refusing to hire or terminating someone because their EAD will soon expire — before a final court order actually ends their authorization — is a legal risk employers cannot ignore.
2. Prepare for Rolling Reverifications
The dissolution of injunctions will not happen all at once. Each district court will act on its own timeline, and because TPS designations are country-specific, the termination dates for Haiti, Syria, Ethiopia, and the other affected countries may fall at different times. This means employers with workers from multiple TPS countries should expect a staggered, rolling process of reverifications — not a single event.
This complexity is real, and it requires employers to track which employees hold TPS from which countries, and which courts are handling which injunctions.
3. Check for Alternative Work Authorization First
Before taking any adverse action, employers are required to reach out to affected employees to determine whether they have any other basis for work authorization. A TPS holder may also have a pending adjustment of status, an EAD issued on another basis, or a valid List A or List C document that independently authorizes their continued employment. Do not assume that the expiration of TPS-based work authorization means an employee has no work authorization at all.
4. Termination — When and How
Once a district court issues a final order dissolving the stay for a specific TPS country, employees from that country who cannot present valid employment authorization must be terminated. An employer that continues to employ someone without valid work authorization after a final order takes effect faces I-9 violations and potential fines for knowingly employing an unauthorized worker. The key word here is "final" — premature terminations before a court has actually acted carry their own legal exposure.
What TPS Holders Should Do
If you hold TPS from any of the seven affected countries — Haiti, Syria, Ethiopia, Myanmar (Burma), Somalia, South Sudan, or Yemen — this is the time to act, not wait.
The July 10 date may be extended again, or it may not be. The pace of court action is unpredictable. What is predictable is that the window for exploring alternative immigration pathways — through a family relationship, an employer petition, a pending adjustment of status, or other relief — is narrowing.
If you have a case already in process, understand where it stands and what the timeline looks like. If you have not yet explored your options, do that now rather than after a court order has already taken effect.
The Bottom Line
Mullin v. Doe was a decisive ruling, but the legal unwinding it set in motion is neither instant nor uniform. The coming weeks will involve district court orders dissolving injunctions on unpredictable timelines, USCIS updates to EAD validity dates, employer reverification obligations, and for many TPS holders, urgent decisions about their future in this country.
This is a rapidly evolving situation. If you have questions — whether you are a TPS holder, an employer with affected workers, or both — do not wait for clarity to come to you.
This blog post reflects information available as of July 2, 2026. The legal landscape in this area is changing rapidly. Nothing in this post constitutes legal advice, and you should consult with an immigration attorney regarding your specific situation.