The current administration is seeking to end Temporary Protected Status (TPS) for nearly all designated countries, leaving only four active TPS programs as of September 2026. These widespread terminations—and the related litigation—have created unprecedented challenges for U.S. employers, particularly in meeting Employment Eligibility Verification requirements under Form I-9 and E-Verify. The following chart summarizes the current status of TPS[1]:
Temporary Protected Status is experiencing major changes in multiple facets of the system. These changes were accelerated following the U.S. Supreme Court decision in Mullin, Secretary of the Department of Homeland Security, et al. v. Doe et al, 609 U.S. ____ (2026) in which the U.S. Supreme Court held that federal courts cannot review the U.S. Department of Homeland Security’s (“DHS”) decisions to end TPS Programs, thus, removing the legal barriers that previously allowed the lower federal courts to pause (through injunctive relief) these terminations.
U.S. Employers navigating the widespread termination of TPS must adhere to strict Employment Eligibility Verification guidance to ensure an authorized legal workforce, through the Form I-9, and through E-Verify (if applicable) Compliance, while avoiding violating the anti-discrimination provisions of the immigration and Nationality Act.[2] The following provides an overview of the State of TPS, and what this means for U.S. Employers.
Where do U.S. Employers look for guidance to monitor the “State” of TPS, and to determine the Employer’s related Form I-9 and E-Verify (as applicable) obligations?
U.S. Employers should look to the following Federal Resources to monitor the status of Temporary Protected Status (TPS) and the status of work authorization related thereto for the purposes of an Employer’s Employment Eligibility Verification obligations:
The United States Citizenship and Immigration Services (USCIS), including: the USCIS Temporary Protected Status Designated Countries Page (Temporary Protected Status | USCIS), I-9 Central (I-9 Central | USCIS), The (M-274) USCIS Handbook for Employers (Handbook for Employers M-274 | USCIS), and E-Verify (Home | E-Verify), including the expanded “Status Change Report” (New “Status Change Report” for E-Verify Users Following Parole Termination and EAD Revocation | E-Verify).
What is Temporary Protected Status (“TPS”)?
Temporary Protected Status (“TPS”) is a temporary immigration benefit granted by DHS to eligible individuals who are already in the United States and cannot safely return to a designated country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. TPS generally protects beneficiaries from removal, allows them to apply for employment authorization, and may permit travel authorization. It is not permanent status, does not by itself provide a path to lawful permanent residence or U.S. citizenship, and may end when DHS terminates the country’s TPS designation.
What is the “State” of TPS – And Related Work Authorization:
A Chart Summarizing the “State” of the TPS Program(s) – as of September 15, 2026: TPS Program Status and Employer Guidance on I-9 Forms
|
TPS Program |
Status |
Important Dates |
USCIS Guidance for U.S. Employers Re: the Status of Work Authorization (typically involving expired Form I-766, Employment Authorization Documents – “EADs”, reflecting an “A12” or “C12” category for the applicable TPS Program) for purposes of Employment Eligibility Verification, Form I-9, and E-Verify (if applicable). |
|
Afghanistan |
Terminated |
effective 7/22/25[3] |
Per USCIS EADs with category A12 or C19 issued to TPS Afghanistan beneficiaries are no longer valid, effective July 14, 2026. |
|
Burma (Myanmar) |
Terminated |
effective 8/07/26[4] |
Per USCIS EADs with category A12 or C19 issued to TPS Burma beneficiaries are no longer valid, effective August 7, 2026. |
|
Cameroon |
Terminated |
effective 8/05/25[5] |
Per USCIS, EADs with category A12 or C19 issued to TPS Cameroon beneficiaries are no longer valid, effective August 5, 2025. |
|
El Salvador |
Active |
TPS for El Salvador expired September 9, 2026, however, per USCIS TPS for El Salvador – including work authorization – continues for now, and a further announcement will be forthcoming.[6] The pertinent USCIS Guidance (Temporary Protected Status Designated Country: El Salvador | USCIS). |
Per USCIS: “An announcement on El Salvador’s TPS will be made at the appropriate time. Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection including work authorization.” |
|
Ethiopia |
Terminated |
effective 8/18/26[7] |
Per USCIS, EADs with category A12 or C19 issued to TPS Ethiopia beneficiaries are no longer valid, effective August 18, 2026. |
|
Haiti |
Terminated |
effective 7/27/26[8] |
Per USCIS, EADs with category A12 or C19 issued to TPS Haiti beneficiaries are no longer valid, effective July 27, 2026. |
|
Honduras |
Terminated |
effective 9/08/25[9] |
Per USCIS, EADs with category A12 or C19 issued to TPS Honduras beneficiaries are no longer valid, effective September 8, 2025. |
|
Lebanon |
Active |
through 11/27/26[10] |
Per USCIS, “[a] six-month extension allows existing beneficiaries of TPS Lebanon to keep their TPS through November 27, 2026, if they still meet the eligibility requirements for TPS. Employment Authorization Documents that were already issued under Lebanon’s TPS designation will automatically be valid through Nov. 27, 2026.” Per USCIS, through the Federal Register notice, USCIS automatically extended the validity of EADs previously issued under the TPS designation of Lebanon for six months, from May 28, 2026, through Nov. 27, 2026. If your EAD is covered through this automatic extension, you may continue to use your existing EAD through Nov. 27, 2026. As proof of continued employment authorization through Nov. 27, 2026, you may show the following documentation to your employer. Government agencies may also accept these documents if they need to determine your immigration status:
|
|
Nepal |
Terminated |
effective 8/20/25[11] |
Per USCIS, EADs with category A12 or C19 issued to TPS Nepal beneficiaries are no longer valid, effective August 20, 2025. |
|
Nicaragua |
Terminated |
effective 09/08/25[12] |
Per USCIS, EADs with category A12 or C19 issued to TPS Nicaragua beneficiaries are no longer valid, effective September 8, 2025. |
|
Somalia |
Terminated |
effective 8/14/26[13] |
Per USCIS, EADs with category A12 or C19 issued to TPS Somalia beneficiaries are no longer valid, effective August 20, 2025. |
|
South Sudan |
Terminated |
effective 8/07/26[14] |
Per USCIS, EADs with category A12 or C19 issued to TPS South Sudan beneficiaries are no longer valid, effective August 7, 2026. |
|
Sudan |
Active |
through 10/19/26[15] |
Per USCIS “If your employee has a pending TPS-based EAD renewal application, they should receive a notice from USCIS informing them of this automatic extension of their EADs to Oct. 19, 2026. If so, they may choose to present the following combination of documents as proof of identity and continued employment authorization under List A, valid until Oct. 19, 2026:
When completing the “Expiration Date (if any)” fields on Form I-9, input in Section 1 and Section 2 “Oct. 19, 2026” along with a note in the Additional Information box. Employers may download the Alert and TPS Sudan Automatic Employment Authorization (EAD) Extension webpage and attach them to Form I-9, along with the USCIS notice. When completing a case in E-Verify, enter the expiration date of “Oct. 19, 2026,” from the Form I-9.” |
|
Syria |
Terminated |
effective 7/27/26[16] |
Per USCIS, EADs with category A12 or C19 issued to TPS Somalia beneficiaries are no longer valid, effective July 27, 2026. |
|
Ukraine |
Active |
through 10/19/26[17] |
Per USCIS,[18] if your employee has a qualifying TPS-based EAD, they should receive a notice from USCIS informing them of this automatic extension of their EADs to Oct. 19, 2026. If so, they may choose to present the following combination of documents as proof of identity and continued employment authorization under List A, valid until Oct. 19, 2026: · An EAD that has an expiration date of any date on or after April 20, 2026, and before Oct. 19, 2026; and · The USCIS notice extending their EAD. When completing the “Expiration Date (if any)” fields on Form I-9, input in Section 1 and Section 2 “Oct. 19, 2026” along with a note in the Additional Information box. Employers may download the Alert and TPS Ukraine Automatic Employment Authorization (EAD) Extension webpage and attach them to Form I-9, along with the USCIS notice. When completing a case in E-Verify, enter the expiration date of “Oct. 19, 2026,” from the Form I-9.
if you continue to be eligible for TPS but haven't received your renewal EAD (Form I-766) with the category codes A-12 or C-19 and your TPS-based EAD application (Form I-765) is still pending, USCIS will send you a Notice regarding an EAD extension to Oct. 19, 2026, by mail and electronically if you have a myUSCIS account. Unless your TPS has been withdrawn or your Form I-765 denied, you may show your EAD indicating a Category of A12 or C19, with a Card Expires date of April 19, 2025, or Oct. 19, 2023, on the front of the card and the Notice to any U.S. employer as proof of identity and continued employment authorization through Oct. 19, 2026. Federal, state or local benefit granting agencies may also accept this Notice if you are applying for benefits. |
|
Venezuela 2021 |
Terminated |
effective 11/7/25[19] |
Per USCIS, EADs with category A12 or C19 issued to TPS Venezuelan beneficiaries (under the 2021 TPS Program) are no longer valid, effective November 7, 2025. |
|
Venezuela 2023 |
On October 3, 2025, the Supreme Court allowed DHS’ termination of the 2023 TPS Program for Venezuela to take immediate effect. Exception: TPS beneficiaries who received TPS-related employment authorization documents (EADs), Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025, will maintain work authorization and their documentation will remain valid until October 2, 2026, pursuant to the U.S. District Court for the Northern District of California’s order dated May 30, 2025. |
effective 10/3/2025, unless subject to exception – then 10/2/2026[20] |
Per USCIS, EADs with category A12 or C19 issued to TPS Venezuelan beneficiaries (under the 2023 TPS Program) are no longer valid, effective October 3, 2025, unless subject to the exception. Exception: Pursuant to the U.S. District Court for the Northern District of California’s order dated May 30, 2025, if you re-registered under the previously vacated Jan. 17, 2025, Extension of the 2023 Designation of Venezuela and you received TPS-related employment authorization documents (EADs), Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025 – Then you will maintain TPS and work authorization and your documentation will remain valid through Oct. 2, 2026. |
|
Yemen |
Terminated |
effective 7/20/26[21] |
Per USCIS, EADs with category A12 or C19 issued to TPS Yemen beneficiaries are no longer valid, effective July 20, 2026. |
U.S. Employers have an obligation under the Employment Eligibility Verification regulations to stay informed of the rapid and continuous changes to the TPS Programs to ensure an authorized workforce.
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.
[1] See Temporary Protected Status (TPS): Fact Sheet - National Immigration Forum and The New York Times Article: Which Countries Have T.P.S.? - The New York Times.
[2] See 8 U.S.C. § 1324a (INA § 274A) and 8 U.S.C. § 1324b (INA § 274B).
[3] See Temporary Protected Status Designated Country: Afghanistan | USCIS.
[4] See Temporary Protected Status Designated Country: Burma (Myanmar) | USCIS.
[5] See Temporary Protected Status Designated Country: Cameroon | USCIS.
[6] See Update on Temporary Protected Status for El Salvador message posted on September 9, 2026.
[7] See Temporary Protected Status Designated Country: Ethiopia | USCIS.
[8] See Temporary Protected Status Designated Country: Haiti | USCIS. ALERT: After reviewing country conditions and consulting with the appropriate U.S. government agencies, former Secretary of Homeland Security Kristi Noem determined that Haiti no longer met the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of Haiti for Temporary Protected Status, 90 Fed. Reg 54733 (Nov. 28, 2025). On June 25, 2026, the U.S. Supreme Court issued a favorable decision concerning TPS terminations. Mullin v. Doe, 609 U.S. ____ (2026). The Haiti TPS designation is terminated, effective July 27, 2026.
[9] See Temporary Protected Status Designated Country: Honduras | USCIS.
[10] See Temporary Protected Status Designated Country: Lebanon | USCIS.
[11] See Temporary Protected Status Designated Country: Nepal | USCIS.
[12] See Temporary Protected Status Designated Country: Nicaragua | USCIS.
[13]See Temporary Protected Status Designated Country: Somalia | USCIS.
[14] See Temporary Protected Status Designated Country: South Sudan | USCIS.
[15] See Update on Temporary Protected Status for Sudan (Release: Aug. 14, 2026) | USCIS.
[16] See Temporary Protected Status Designated Country: Syria | USCIS.
[17] See Temporary Protected Status Designated Country: Ukraine | USCIS.
[18] See Update on Temporary Protected Status for Ukraine (Release: Sept. 03, 2026) | E-Verify.
[19] See Temporary Protected Status Designated Country: Venezuela | USCIS.
[20] See Temporary Protected Status Designated Country: Venezuela | USCIS. ALERT: After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that Venezuela no longer meets the conditions for its designation for Temporary Protected Status (TPS), and that the termination of the 2023 Venezuela TPS designation is required as it is contrary to the national interest. On October 3, 2025, the Supreme Court allowed the termination to take immediate effect. TPS beneficiaries who received TPS-related employment authorization documents (EADs), Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025, will maintain work authorization and their documentation will remain valid until October 2, 2026, pursuant to the U.S. District Court for the Northern District of California’s order dated May 30, 2025.
[21] See Temporary Protected Status Designated Country: Yemen | USCIS.
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