United States | USCIS posts updates on Burma, Ethiopia and South Sudan TPS designations

U.S. Citizenship and Immigration Services published an update on the termination of Temporary Protected Status (TPS) designation for Ethiopia, extending the validity dates for Employment Authorization Documents (EADs) per court order. USCIS also announced that EADs with category A12 or C19 issued to TPS beneficiaries from Burma or South Sudan are no longer valid, as the countries’ TPS designations are terminated.

Key takeaways:

Burma and South Sudan

In the alerts posted for Burma and South Sudan, USCIS states “the [designated country] TPS designation is terminated, effective Aug. 7, 2026. Employers [completing Form I-9] must reverify TPS [designated country] beneficiaries who presented these EADs and cannot continue employing a person who does not provide proof of current employment authorization.”

This update supersedes the guidance issued Aug. 3, 2026, for Burma and Aug. 6, 2026 for South Sudan.

Ethiopia

According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Ethiopia with an original expiration date of June 12, 2024, and Dec. 12, 2025, is extended per court order. African Communities Together et al. v. Noem et al., No. 26-cv-10278-BEM (D. Mass.). The extension is limited relief until the lower courts align with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. (2026), issued on June 25, 2026.”

In the alert, USCIS instructs employers that “[w]hen completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘Aug. 19, 2026,’ in Section 2 along with a note in the Additional Information box. Employers may download the Alert and TPS Ethiopia webpage and attach them to Form I-9. When completing a case in E-Verify, enter the expiration date of ‘Aug. 19, 2026,’ from the Form I-9. Check USCIS websites regularly for updated information.”

The update on Form I-9 guidance supersedes the guidance issued on July 30, 2026. Individuals should continue to check the USCIS TPS Ethiopia webpage for current information.

Additional information: On Aug. 5, 2026, in Venezuelan Association of Massachusetts v. USCIS, a federal district court in Massachusetts denied in part a challenge to recent USCIS policies implementing provisions of the reconciliation bill H.R. 1 (aka “One Big Beautiful Bill Act”). The ruling allows USCIS to proceed with its planned termination of employment authorization for TPS beneficiaries from El Salvador, Ukraine and Sudan that had been postponed by the court through Aug. 5, 2026. The plaintiffs have filed their appeal with the First Circuit Court of Appeals and asked the First Circuit to allow employment authorization to continue pending appeal.

Employers are encouraged to retain copies of the relevant alerts and country-specific webpages with affected Forms I-9 and consult with their BAL attorney for case-specific guidance. Litigation remains ongoing, and BAL will continue to monitor and provide updates as more information becomes available.

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

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