On July 22, 2026, a federal appeals court in Washington, D.C., temporarily blocked the revocation of Temporary Protected Status (TPS) for Haitians, extending protections and work authorizations until July 27, 2026. This short-term reprieve follows the U.S. Supreme Court’s June 2026 ruling, which empowered the administration to eventually end TPS.
While the legal battle continues in lower courts, the Department of Homeland Security (DHS) had previously instructed employers to accept TPS-related Employment Authorization Documents (EADs) for Haitians through July 24, 2026. This latest court ruling extends that validity by another three days.
For official updates and specific guidance regarding Employment Authorization Documents (EADs) and Form I-9 requirements, consult the USCIS TPS Haiti page.
This automatic extension provides critical interim relief for thousands of Haitian nationals residing in the United States, allowing eligible workers to maintain legal employment authorization and document validity while ongoing litigation makes its way through the federal courts.
Background and Legal Context
The status of Haitian TPS has been the subject of ongoing legal review following federal court proceedings and appellate orders regarding the program’s termination.
Recent federal court actions have directed interim extensions of status and work authorization while lower courts align their proceedings with binding judicial rulings.
To maintain order and ensure that affected individuals remain authorized to work during pending legal appeals, the appeals court in Washington, D.C., has issued updated temporary dates, extending coverage through July 27, 2026.
Who Is Covered? (EAD Category Codes A12 and C19)
The automatic extension applies directly to Form I-766 Employment Authorization Documents bearing specific TPS category codes:
- Category A12: Issued to individuals who have been approved for Temporary Protected Status.
- Category C19: Issued to individuals with a pending initial application for TPS who meet prima facie eligibility requirements and have been granted temporary work authorization.
If an individual holds a TPS Haiti EAD with category code A12 or C19, the physical card remains legally valid through July 27, 2026, even if the expiration date printed on the card has passed.
Guidance for Employers: Form I-9 and E-Verify Compliance
Employers with Haitian workers under TPS do not need to request new physical EAD cards to verify employment eligibility during this extension period.
The combination of an eligible EAD (Category A12 or C19) and the official USCIS update or Federal Register notice serves as proof of continued work authorization through July 27, 2026.
Form I-9 Reverification
- Draw a line through the old expiration date in Section 2 or Section 3 of Form I-9 (or follow standard electronic Form I-9 procedures).
- Write July 27, 2026, as the new expiration date.
- Initial and date the update.
The Systematic Alien Verification for Entitlements (SAVE) and E-Verify databases have not yet been updated to reflect the July 27, 2026, expiration date.
Note: Employers are prohibited from discriminating against workers based on their TPS status or requiring additional documentation beyond what is authorized under federal guidance.
Considerations for TPS Beneficiaries
Haitian TPS beneficiaries and their employers should take note of the following recommendations during this extension period:
- Keep documentation readily available
- Monitor official USCIS and DHS updates
This publication is provided by Greenspoon Marder LLP is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.
