United States | USCIS posts Aug. 3 update on Form I-9 guidance for Burma and Somalia TPS designations

U.S. Citizenship and Immigration Services published updates on the termination of Temporary Protected Status (TPS) designations for Burma and Somalia, extending the validity dates for Employment Authorization Documents (EADs) per respective court orders. The updates also provide instructions for completing expiration date fields on Form I-9 and completing a case in E-Verify.

Key takeaways:

In the alert posted for Burma to the agency’s I-9 Central webpage, USCIS directs 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. 7, 2026’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Burma webpage and attach them to Form I-9. When completing a case in E-Verify, enter the expiration date of ‘Aug. 7, 2026’ from the Form I-9. Check USCIS websites regularly for updated information.”

The alert posted for Somalia instructs employers to put “Aug. 5, 2026” as the expiration date and attach the TPS Somalia webpage.

Burma: According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Burma with an original expiration date of Nov. 25, 2025, May 25, 2024, or Nov. 25, 2022, is extended per court order. Aung DOE et al. v. Noem et al., No. 25-cv-15483 (N.D. Ill.).”

Somalia: According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Somalia with an original expiration date of March 17, 2023, Sept. 17, 2024, and March 17, 2026, is extended per court order. African Communities Together et al. v. Noem et al., No. 26-cv-11201 (D. Mass.).”

“The extension [for both designations] 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.”

Additional Information: The updates on Form I-9 guidance for Burma and Somalia supersede the guidance issued on July 27 and July 29, respectively. Individuals should continue to check the respective USCIS TPS country pages for current information.

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.

Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.