The U.S. Citizenship and Immigration Services (USCIS) has not yet updated the Temporary Protection Status (TPS) webpage indicating terminated status for either Syria or Haiti. It is unclear whether the Department of Homeland Security (DHS) will revoke their status and work permits before the Supreme Court cases are remanded to a lower court, which could take more than 30 days, and DHS has refused all requests for comment. It appears that employers enrolled in the electronic federal E-Verify Program should receive notice directly if workers’ employment authorization connected to TPS expires. It would be up to each employer to determine if those flagged by the system can demonstrate another form of valid employment authorization or can no longer work legally without TPS status. It remains possible that DHS and USCIS will issue formal guidance, which may adopt, modify, or replace otherwise applicable termination dates.
The bottom line is that employers should begin planning for re-verification obligations as well as the transformation but should await official DHS confirmation before taking any adverse employment action against those affected.
Employers may, for example, immediately begin the process of identifying all TPS populations, and can do this through examining I-9 forms and associated work authorization documentation. Who is impacted would have used an EAD bearing Category Code A12 or C19 and will reference the applicable country designation and specific expiration dates.
Once the USCIS provides formal direction on timing and implementation, employers must initiate re-verification in accordance with I-9 requirements. Employees must be given an opportunity to present alternative evidence of work authorization. If they are unable to do so, they must be terminated or suspended without pay.
Employers must remember they may not demand specific documents to verify work eligibility, and workers must be given a chance to show any other valid employment authorization they may have. It is possible that some of them may have already secured another lawful status, including a Green Card. Simply seeking a Green Card will not allow TPS holders to stay in the U.S. until the end of that process. Others may seek protection using the asylum process to avoid deportation or may have already submitted asylum claims. Asylum seekers usually are not eligible for a work permit until six months after filing their claim, meaning they would lose their employment even if they are not immediately deported. There may be assistance available to return to their home countries.
This article is part of our August 2026 Newsletter.
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