By: Dawn M. Lurie, Selene Malench*, and Alexander Madrak
On March 3, 2026, the Department of Homeland Security (DHS) published a notice in the Federal Register confirming the termination of Temporary Protected Status (TPS) for Yemen. The termination will take effect 60 days after publication in May and will affect nearly 1,400 beneficiaries.
Additionally, DHS stated that TPS Yemen beneficiaries will continue to be authorized to work during the 60-day transition period. Accordingly, through the Federal Register notice, DHS extended the validity of certain EADs through May 4, 2026.
The following Employment Authorization Documents (EADs) issued under TPS Yemen now remain valid until May 4, 2026, regardless of their original expiration: March 3, 2023, Sep 3, 2024, and March 3, 2026.
This termination is largely consistent with the administration’s stated approach of returning TPS to its intended temporary and limited purpose.
Congressional Callouts
On March 2, 2026, US Senators Elissa Slotkin and Gary Peters (D-MI) called on DHS to reconsider the termination of TPS for Yemeni beneficiaries. They argued that the change would undermine “community members who contribute positively to local economies and civic life,” and allow them to continue living and working in the US through legal pathways.
The senators’ callout signals a broader push to preserve and expand legal immigration pathways, such as TPS, and reflects pushback against major policy shifts by DHS.
Employer Next Steps
In a rapidly changing compliance environment, it’s important for employers to be aware of next steps as the termination takes effect in early May.
Employers should prepare to:
- Review their workforce;
- Track upcoming expiration dates on EADs;
- Ensure timely Form I-9 updates while avoiding discrimination or improper re-verification processes; and
- Continue to monitor updates from DHS and follow our blog for ongoing coverage
For more information, contact Dawn M. Lurie. Seyfarth Immigration Compliance & Investigations specialty group is recognized as a national leader in the field. Trusted by Fortune 100 companies and small businesses nationwide, the team provides strategic, practical guidance across the full spectrum of immigration compliance. The group advises on Form I-9 and E-Verify compliance; ICE inspections and worksite enforcement actions; internal immigration assessments and I-9 audits; DOL immigration-related wage and hour investigations; H-1B compliance; and DOJ’s IER and OCAHO anti-discrimination matters, including foreign sponsorship and export control/ITAR issues.
*Selene Malench is a Case Assistant on Seyfarth’s Immigration Compliance & Enforcement team. Many thanks for her contribution to this legal update.