United States | USCIS posts July 24 update on Form I-9 guidance for Haiti TPS designation

Today, U.S. Citizenship and Immigration Services published an update on the termination of Temporary Protected Status (TPS) designation for Haiti, extending the validity dates for Employment Authorization Documents (EADs) per court order. The update also provides instructions for completing expiration date fields on Form I-9 and completing a case in E-Verify.

Key takeaways:

According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti with an original expiration date of Feb. 3, 2026, Aug. 3, 2025, Aug. 3, 2024, June 30, 2024, Feb. 3, 2023, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, July 22, 2019, Jan. 22, 2018, or July 22, 2017, is extended per court order. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.). 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 posted 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 ‘July 27, 2026’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS [designated country] webpages 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 27, 2026’ from the Form I-9. Check USCIS websites regularly for updated information.”

Additional information: USCIS has also published a statement saying that it will comply with a federal district court order that has temporarily blocked the agency from implementing portions of its policies affecting certain TPS holders and asylum applicants while it considers a broader challenge to the measures.

The updates on Form I-9 guidance for Haiti supersede the guidance issued on July 10. Individuals should continue to check the respective USCIS TPS country pages for current information. Haiti’s TPS designated country page can be found here.

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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