By: Dawn Lurie, Alexander Madrak, and John Mazzeo
Employers whose employees rely on Temporary Protected Status (TPS)-based work authorization continue to face significant uncertainty as litigation and agency guidance evolve in real time. Over the last several weeks, employers have been navigating two significant developments affecting employment authorization: ongoing court proceedings involving Haiti TPS and separate litigation concerning USCIS implementation of portions of the One Big Beautiful Bill Act (OBBBA), including changes affecting certain automatic EAD extension benefits.
Taken together, these developments highlight the reality that many HR and compliance professionals know all too well: work authorization rules can change quickly, and employers are often forced to make Form I-9 decisions while the legal landscape remains unsettled. In fact, this blog itself was updated before publication after USCIS issued new Haiti TPS guidance late on Friday, July 24, underscoring just how rapidly agency instructions can change in response to ongoing litigation.
USCIS Revises Haiti TPS Guidance Following D.C. Circuit Order
On July 24, 2026, USCIS updated its Form I-9, E-Verify, and SAVE guidance for Haiti TPS beneficiaries, expressly superseding the agency’s July 10 termination-related announcements. According to USCIS, Haiti TPS beneficiaries continue to maintain TPS and employment authorization pursuant to the district court’s February 2, 2026 order in Miot v. Trump, and certain TPS-related EADs remain valid and extended while the litigation continues. A July 27 placeholder was announced.
The update followed a July 22 order from the U.S. Court of Appeals for the D.C. Circuit denying the government’s renewed request to stay the district court’s injunction. In doing so, the court observed that the government had not shown a stay was warranted pending the Supreme Court’s return of the case to the D.C. Circuit and specifically noted that the case was expected to be returned on July 27, 2026.
USCIS’s revised guidance appears intended to align agency operations with the current procedural posture of the litigation. As a result, employers should continue following the agency’s current Haiti TPS instructions and continue treating affected TPS beneficiaries as employment authorized under existing USCIS guidance.
The repeated USCIS updates also highlight a practical challenge for employers. Because E-Verify, SAVE, and Form I-9 processes generally require an employment authorization expiration date, USCIS has continued issuing interim placeholder dates while the litigation remains pending. At the same time, the agency has indicated that these dates do not necessarily represent the actual end of TPS or employment authorization. Instead, they serve as temporary operational instructions that allow employers to complete verification processes while the courts continue to address the underlying litigation. As a reminder, employers should be cautious about treating these placeholder dates as definitive reverification triggers absent additional guidance from USCIS.
At the same time, for now the litigation remains active, and additional activity is imminent given the D.C. Circuit’s recent Order. . As a result, many practitioners are closely watching for additional USCIS guidance regarding Haiti TPS. Until USCIS issues further instructions, employers should continue following the agency’s current guidance and avoid taking reverification or employment actions based on previously announced Haiti TPS termination dates.
For readers interested in the broader background regarding USCIS’s shifting TPS guidance and placeholder dates, see our prior post, Moving Target: USCIS Revises TPS Placeholder Dates While Employers Navigate New M-274 Guidance.
USCIS Issues Additional TPS Placeholder Updates
The Haiti announcement was not the only TPS-related update issued on July 24. USCIS also released revised Form I-9 guidance affecting TPS beneficiaries from Somalia and Syria.
USCIS now directs employers to use the following placeholder dates:
Syria – July 27, 2026 and Somalia – July 29, 2026. These announcements underscore how quickly TPS-related employment authorization guidance can change as litigation continues to unfold. Employers should view these dates as interim compliance instructions rather than definitive indicators of when TPS status or employment authorization may end. USCIS continues to emphasize that employers should monitor agency guidance for additional updates.
540-Day EAD Extensions Receive Temporary Reprieve
At the same time, employers should not lose sight of a separate compliance challenge stemming from USCIS’s implementation of portions of the OBBBA and discussed in our prior post, Federal Court Halts OBBBA TPS Work Authorization Changes, Preserving 540-Day Extensions.
As previously discussed, litigation has temporarily blocked portions of recent USCIS policies affecting TPS beneficiaries and certain asylum applicants. On July 23, 2026, USCIS confirmed that a federal district court issued an administrative stay that temporarily prevents the agency from implementing portions of those changes while the court considers whether broader injunctive relief is warranted.
As a result, the 540-day automatic extension framework remains in effect for affected individuals for the time being. Importantly, the stay does not restore 540-day extensions for every EAD holder. Rather, it temporarily preserves the status quo for the specific populations affected by the challenged USCIS policies while the court considers further relief. The court has indicated that it expects to rule on the request for a longer stay by August 5, 2026, meaning employers could face additional changes in the coming weeks.
USCIS explained that it will comply with the court’s order pending further judicial proceedings and that the stay temporarily blocks portions of prior USCIS guidance and regulations involving TPS-related EAD expiration deadlines, annual asylum fee requirements, terminations of employment authorization for failure to pay the annual asylum fee, and removal-related consequences tied solely to nonpayment of that fee.
Importantly, the administrative stay is only temporary. While it provides short-term stability for employers and affected employees, it does not resolve the underlying legal challenge. Organizations should therefore avoid assuming that the current rules will remain unchanged.
The Bottom Line
For now, employers have received two forms of temporary relief. First, USCIS has updated its Haiti TPS guidance following the D.C. Circuit’s denial of the government’s stay request and simultaneously issued revised TPS instructions for Somalia and Syria. Second, a separate federal court administrative stay is preserving portions of the 540-day automatic EAD extension framework while related litigation proceeds. Neither development, however, represents a final resolution.
The latest USCIS announcements demonstrate how rapidly employment authorization rules can shift in response to court rulings and ongoing litigation. Employers should continue monitoring USCIS guidance closely, confirm that any TPS- or EAD-related instructions they are relying upon remain current, and remain prepared to adjust Form I-9 and reverification practices as additional developments occur. For Haiti in particular, employers should await further USCIS direction before taking action based on future court rulings, as additional developments from the D.C. Circuit may occur at any time.