UPDATE: TPS Employment Authorization Extended Through July 10, 2026
UPDATE:
On July 1, 2026, the USCIS issued updated guidance setting and/or extending employment authorization through July 10, 2026 for TPS beneficiaries from several countries, including Haiti, Syria, Burma, Ethiopia, Somalia, South Sudan, and Yemen.
For employers with Haitian, Syrian, or Burmese TPS employees, the July 10th deadline supersedes the July 1st deadline which was previously in effect. If you have already notified impacted employees of the July 1st employment authorization expiration date, we recommend sending a follow-up notice advising them that USCIS has extended the deadline through July 10, 2026. Employees should be advised that they now have until July 10, 2026, to provide documentation establishing continued work authorization.
If your workforce includes TPS beneficiaries from Ethiopia, Somalia, South Sudan, or Yemen, you should also review the updated USCIS guidance to determine whether any of your employees are affected by the July 10th deadline.
If an employee does not present acceptable documentation establishing continued work authorization by July 10th at 11:59 p.m., federal law prohibits the employer from continuing to employ that individual. Accordingly, absent additional guidance from USCIS or the presentation of new work authorization documents, affected employees who do not establish continued work authorization should be terminated effective July 11th, with written notice confirming that the separation is based solely on the employee’s inability to establish continued work authorization, and not for any performance, conduct, or other employment-related reason. The notice should also make clear that if the employee later obtains valid work authorization, the employee may reapply for employment.
If you would like assistance preparing updated employee notices, reviewing Form I-9 records, or drafting termination notices, the Employment and Labor Team at Post & Schell is available to assist.
Time-Sensitive Immigration Update: Supreme Court Decision Affecting Temporary Protected Status (TPS)
On June 25, 2026, the U.S. Supreme Court issued a decision allowing the Administration to move forward with terminating the Temporary Protected Status (TPS) programs for Haiti and Syria. The Department of Homeland Security (“DHS”) has since announced that it intends to proceed with those terminations.
TPS programs for Syria and Haiti were scheduled for termination in late 2025 and early 2026; however, those terminations were temporarily blocked by litigation. The Supreme Court’s June 25, 2026 decision now allows the Administration to move forward with the terminations, and DHS has confirmed its intention to proceed.
Currently, Haitian and Syrian TPS beneficiaries are authorized to work in the United States through July 1, 2026. USCIS has not yet issued updated guidance addressing employers’ obligations or whether there will be any change to the current July 1, 2026 employment authorization expiration date. Given the limited time between now and July 1, employers should begin preparing now rather than waiting for additional guidance.
To prepare for these developments, employers should consider taking the following steps:
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Identify Impacted Employees. Confidentially identify employees working pursuant to the Haiti and Syria TPS Programs. This information may be reflected on the employee’s Employment Authorization Document (EAD) presented when completing Form I-9, including the country designation and category code (typically A12 or C19). Confirm the EAD and expiration dates for any impacted employees.
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Notify Affected Employees. Inform impacted employees of the recent Supreme Court decision and the current July 1, 2026 EAD expiration date by written notice. Advise them that, absent further guidance from USCIS, on July 2, 2026, the company must verify continued work authorization in order for them to continue working.
- Provide Available Resources. If the company works with community organizations that assist with immigration matters, consider providing that information to affected employees.
- Prepare for Reverification and, if Necessary, Termination. If an employee does not present acceptable documentation establishing continued work authorization, federal law prohibits the employer from continuing to employ that individual beyond the EAD expiration date. In that circumstance, the employer should issue a written notice confirming that the employee is being terminated solely because the employee has not provided documentation establishing continued work authorization, and not for any performance, conduct, or other employment-related reason. The notice should also make clear that if the employee later obtains valid work authorization, the employee may reapply for employment.
Although this decision specifically addresses Haiti and Syria TPS, the Administration has indicated that it is reviewing other TPS designations. Other current TPS employment authorization expiration dates include:
- Burma: July 1, 2026 EAD expiration
- El Salvador: September 9, 2026 EAD expiration
- Venezuela: October 2, 2026 EAD expiration
- Sudan: October 19, 2026 EAD expiration
- Ukraine: October 19, 2026 EAD expiration
- Lebanon: November 27, 2026 EAD expiration
Employers should identify employees working pursuant to these TPS designations now and plan communications well in advance of the applicable expiration date, preferably at least three months in advance. Providing employees with advance notice gives them additional time to explore extensions or alternative immigration options while allowing employers to prepare for potential workforce impacts.
These developments present significant practical and compliance challenges for employers. The Employment and Labor Team at Post & Schell is available to assist in reviewing Form I-9 records, identifying impacted employees, preparing employee notices, or drafting termination notices if employees are unable to establish continued work authorization.
If you have questions about this or other employment matters, please feel free to contact
Theresa A. Mongiovi, Chair of the firm’s Employment and Labor Practice Group at tmongiovi@postschell.com or 717-391-4410, or Caitlin A. Donahue at cdonahue@postschell.com or 717-391-4431.
