United States | USCIS posts July 27 update on Form I-9 guidance for Burma TPS designation

U.S. Citizenship and Immigration Services published an update on the termination of Temporary Protected Status (TPS) designation for Burma, 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 for Burma with an original expiration date of Nov. 25, 2025, May 25, 2024, or Nov. 25, 2022, is extended per court order. M Aung DOE et al. v. Noem et al., No. 25-cv-15483 (N.D. Ill.). The extension is limited relief until the U.S. District Court for the Northern District of Illinois aligns 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 ‘Aug. 3, 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. 3, 2026’ from the Form I-9. Check USCIS websites regularly for updated information.”

Additional information: The updates on Form I-9 guidance for Burma supersede the guidance issued on July 17. 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.

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