United States | Yemen TPS termination update: Latest Form I-9/E-Verify instructions

U.S. Citizenship and Immigration Services published an update on the termination of Temporary Protected Status (TPS) for Yemen that included new expiration dates for completing Form I-9 and creating a case in E-Verify.

Key takeaways:

Yemen TPS termination stayed by court order. As previously reported, Yemen’s TPS designation and related benefits were scheduled to terminate on May 4, 2026. However, on May 1, 2026, a judge of the U.S. District Court for the Southern District of New York issued an order staying the Yemen TPS termination. Doe v. Noem et al., No. 26-cv-2103 (S.D.N.Y.) and Doe v Noem et al., 26-cv-2280 (S.D.N.Y.).

Employment authorization validity dates extended. The update states, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Yemen with an original expiration date of March 3, 2026, Sept. 3, 2024, or March 3, 2023, is extended per court order.”

Form I-9 and E-Verify instructions. USCIS provided the following instructions for completing the expiration date fields on Form I-9 and completing a case in E-Verify:

“When completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘July 1, 2026’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Yemen webpage and attach them to Form I-9. Check USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of ‘July 1, 2026’ from the Form I-9.”

Previous guidance superseded. According to USCIS, “This guidance supersedes the ‘Secretary of Homeland Security Announces Termination of Designation of Yemen for Temporary Protected Status’ message posted on March 3, 2026.”

BAL continues to monitor related developments and will provide updates as more information becomes available. Individuals should also check the USCIS TPS Yemen page for current information.

This alert has been provided by the BAL U.S. Practice Group.

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