The dates, country by country
Three deadlines where there used to be one
The most consequential thing to understand is that the seven affected countries no longer share a deadline. Guidance issued through mid-July grouped six of them under a single July 17 date, with Haiti alone on July 24. That structure is gone. Each country now tracks its own litigation, and the dates reflect where each case stands.
| Country | EAD valid through | Underlying litigation |
|---|---|---|
| Haiti | July 24, 2026 | Miot v. Trump (D.D.C.) |
| Somalia | July 24, 2026 | African Communities Together v. Noem (D. Mass.) |
| Syria | July 24, 2026 | Court order following Mullin v. Doe |
| Yemen | July 24, 2026 | Doe v. Noem (S.D.N.Y.) |
| Burma (Myanmar) | July 27, 2026 | Court order following Mullin v. Doe |
| Ethiopia | July 30, 2026 | Court order following Mullin v. Doe |
| South Sudan | July 30, 2026 | African Communities Together v. Noem (D. Mass.) |
Note that these extensions attach to EADs with specific original expiration dates, not to every card held by a national of these countries. USCIS publishes the qualifying original expiration dates on each country’s TPS page, and an EAD outside those listed dates is not covered. Checking the card against the published list is a necessary step, not a formality.
Why the dates keep moving
A Supreme Court decision, and lower courts catching up
On June 25, 2026, the Supreme Court decided Mullin v. Doe, holding 6–3 that federal courts are barred from reviewing non-constitutional decisions by DHS to terminate a country’s TPS designation. Justice Alito, writing for the majority, described the judicial role in TPS decisions as sharply limited. Three justices dissented, arguing the ruling leaves termination decisions effectively unreviewable.
The decision did not, by itself, end anyone’s work authorization. Several district court injunctions were still in place, and they continue to operate until each issuing court formally conforms its order to the Supreme Court’s ruling. That gap between the Supreme Court’s decision and the district courts’ housekeeping is exactly what the placeholder dates measure.
This explains both the short increments and the staggering. USCIS is not choosing these dates as a matter of policy — it is tracking seven separate cases in four different district courts, each moving at its own pace. It also explains the agency’s repeated phrasing that the extensions are limited relief pending the lower courts’ alignment. The plain reading is that the government expects the injunctions to fall.
Exact Form I-9 and E-Verify entries
The mechanics, stated precisely
USCIS has given specific instructions, and the entries are unusual enough that getting them from memory is a mistake. The pattern is the same for every affected country; only the date changes.
Form I-9 — completion instructions
- Section 1 — Expiration Date field
- Enter
as per court orderrather than a date. - Section 2 — Expiration Date field
- Enter the employee’s country-specific placeholder date:
July 24, 2026,July 27, 2026, orJuly 30, 2026. - Section 2 — Additional Information box
- Add a note recording that the extension is pursuant to a court order. Employers may download the relevant USCIS alert and the country TPS page and retain them with the Form I-9.
- E-Verify
- Use the same expiration date entered on the Form I-9. Do not enter a different date in E-Verify than appears in Section 2.
Employers enrolled in E-Verify may receive system alerts flagging affected employees for attention. Those alerts are expected and reflect the shifting dates rather than a defect in the case.
What employers should do this week
Concrete, and time-boxed
With four countries expiring on July 24, the useful horizon here is days.
- Pull the affected population today. Search Form I-9 records for EADs in category A12 (TPS granted) or C19 (TPS application pending). Record each employee’s country of nationality and the original expiration date printed on the card.
- Match each card against the published qualifying dates. Only EADs with the original expiration dates USCIS lists for that country are covered. Do not assume nationality alone establishes coverage.
- Sort by the three deadlines, not one. Build separate July 24, July 27, and July 30 groups. A single blanket date across your whole TPS population will be wrong for some of them.
- Calendar reverification against each date. Where authorization lapses without further extension, reverification is required. Prepare Supplement B in advance, and let the employee present any document they choose from the List of Acceptable Documents — you may not specify which.
- Check the USCIS pages the morning of each deadline. Given the pattern of the last month, a further extension arriving within a day or two of expiry is entirely plausible. So is one that does not arrive.
- Build a contingency staffing plan. For employers with concentrated TPS populations — health care, hospitality, food processing, construction, logistics — this is an operational continuity question, not only a compliance one.
Talking with affected employees
Earlier is materially better
Some TPS holders have another path available and do not know it. Long-resident TPS beneficiaries frequently have US-citizen family members, employment histories that could support sponsorship, or asylum claims that were never filed because TPS made them unnecessary. Those routes take time to assess and longer to file.
Raising this early is both a kindness and a retention strategy. An employee who learns in advance that an employment-based or family-based option exists has months of runway; one who learns the week authorization lapses has none.
Two cautions. Employers should be careful not to give individualized immigration advice — refer employees to counsel rather than assessing eligibility internally. And employers should not treat a lapse as automatically ending the relationship where a leave of absence or a rehire pathway may be workable, subject to their own policies and counsel’s input.
The compliance traps on both sides
Acting too early is a violation too
The pressure in a situation like this runs toward acting prematurely, and that direction carries its own liability. Anti-discrimination provisions under the Immigration and Nationality Act prohibit document abuse and citizenship-status discrimination, and the risks here are symmetrical:
- Do not terminate or suspend before the applicable date. An employee whose EAD is validly extended to July 30 is authorized on July 25. Acting on the earliest date across your whole population is a discrimination exposure.
- Do not demand specific documents. At reverification the employee chooses what to present from the acceptable list. Requesting a particular document, or more documents than required, is document abuse.
- Do not reverify early or unnecessarily. Running reverification before authorization actually lapses, or singling out employees by nationality, creates exposure even where the intent is diligence.
- Do not continue employment past a lapse. The opposite error is equally real. Once authorization expires without extension and reverification cannot be completed, continued employment is unauthorized.
The safe posture is narrow: apply each employee’s own date, document what you relied on, and keep the USCIS alert that supported your entry.
What happens next
Two forces, moving in opposite directions
The likeliest near-term path is continued short extensions until the district courts formally conform their orders, after which the extensions stop. USCIS’s own language points that way, and the shrinking increments suggest the agency expects resolution in weeks rather than months.
The counterweight is legislative. A bipartisan bill preserving TPS for Haitians has passed the House, and advocacy continues for Senate action — though it would need sixty votes, which is a substantial hurdle. Employers should plan against the litigation timeline and treat any legislative relief as upside rather than assumption.
The broader implication of Mullin reaches past these seven countries. By insulating termination decisions from judicial review, the decision makes future TPS terminations considerably harder to challenge. Employers with TPS populations from any designated country should treat workforce planning around that status as an ongoing exercise rather than a one-time response.
Frequently asked questions
My HR system says July 17. Is that still right?
No. USCIS eliminated the July 17, 2026 date on July 17 and replaced it with July 24, July 27, or July 30 depending on the country. Any record, article, or calendar entry still showing July 17 needs updating.
Can I use one date for all my TPS employees?
No, and doing so creates risk in both directions. Four countries sit at July 24, Burma at July 27, and Ethiopia and South Sudan at July 30. Using the earliest date across everyone means acting against employees who remain authorized; using the latest means employing people whose authorization has lapsed.
What exactly goes in Section 1 of the Form I-9?
The words “as per court order” in the Expiration Date field, rather than a date. The country-specific date goes in Section 2, along with a note in the Additional Information box recording the court-order basis.
Does every employee from these countries qualify?
No. The extensions attach to EADs bearing specific original expiration dates listed by USCIS for each country. An A12 or C19 card outside those listed dates is not covered by the extension. Check each card against the published list.
Will there be another extension?
Unknown, and it should not be assumed. USCIS has extended repeatedly, but each notice describes the relief as limited and pending the lower courts’ alignment with the Supreme Court. Plan for expiration; treat any further extension as a reprieve rather than the expected outcome.
What happens if authorization lapses and the employee can’t reverify?
Continued employment would be unauthorized. Employers should consult counsel about their options before that point — including whether a leave of absence or a later rehire is workable under their policies — rather than deciding in the moment.
Are TPS holders being deported immediately?
The Supreme Court decision permits the administration to proceed with terminations; it does not itself effect removals. The immediate, concrete consequence for employers is the work authorization question addressed here. Individual immigration consequences vary and warrant individual advice.