On March 13th, USCIS and E-Verify issued further guidance regarding USCIS’ recognition of extended work authorization for employees in Temporary Protected Status (TPS) for Haiti pursuant to the court order in Fritz Emmanuel Lesly Miot, et al v. Donald J. Trump, et al, Case No. 25-cv-02471-ACR (D.D.C.). Following USCIS’ recognition of the court order and automatic extension of work authorization on February 4, 2026, USCIS extended the “validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti,” per court order – without providing an end date for the expiration of the EAD automatic extension.
USCIS and E-Verify issued guidance on March 13th that supersedes the Update on Termination of TPS for Haiti posted on February 14, 2026, providing updated clarification regarding the validity of the EADs issued under the TPS designation of Haiti, bearing a category code A12 or C19, with an original expiration date of February 3, 2026, August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017, extended per court order. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).
Specifically, the guidance states, “when completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “March 27, 2026” in Section 2 along with a note in the additional information box.” Employers should maintain a copy of the USCIS and E-Verify Alerts, with the TPS Haiti webpage, with the Form I-9. Furthermore, when completing a case in E-Verify, Employers are advised to enter the expiration date of “March 27, 2026” from the Form I-9. See the following example:
Employers should monitor the USCIS webpage and What's New | E-Verify for updated information.
The litigation challenging DHS’ termination of the TPS Program for Haiti continues. On March 6, 2026, the U.S. Court of Appeals for the District of Columbia Circuit upheld a lower court’s February 2 ruling that blocks the termination of Haiti’s Temporary Protected Status (TPS), meaning beneficiaries retain employment authorization and protection from detention and deportation while the litigation continues. The U.S. Department of Justice, on behalf of the Department of Homeland Security, then filed an emergency request to the U.S. Supreme Court on March 11 seeking an immediate stay of the court’s order that blocks the termination of Haiti’s TPS designation, and an expedited review of whether the Administration may revoke Haiti’s TPS designation and related protections. The U.S. Supreme Court has directed the challengers to file a response to the administration’s application by March 16 at 12:00 p.m. EST.
U.S. Employers should continue to monitor USCIS and E-Verify for further guidance (as to the end date for the work authorization), as well as the status of the continued litigation.
Should you wish to receive further information concerning Immigration matters, please contact Gunster’s Immigration Law practice.
This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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