On November 24, 2025, the Department of Homeland Security (DHS) officially announced that Temporary Protected Status (TPS) for Burma (Myanmar) will be terminated, effective January 26, 2026. This decision, made by Secretary of Homeland Security Kristi Noem after interagency review, marks a return to the statutory intent of TPS as a temporary humanitarian measure. According to DHS, Burma has made sufficient progress in governance, security, and public service delivery to justify the termination.
For U.S. employers, especially HR professionals handling Form I-9 and E-Verify processes, this change introduces immediate compliance obligations. Here’s what it means for your organization.
What the TPS Termination for Burma Means
Key Facts: Who, What, When
- Effective Date: January 26, 2026
- Who is Affected: Burmese nationals currently working in the U.S. under TPS-based employment authorization.
- Authority: DHS decision following USCIS and Department of State review per INA statutory guidelines.
Legal Basis & Statutory Criteria
TPS can only remain in place if the originating country continues to meet specific criteria: ongoing armed conflict, environmental disaster, or extraordinary temporary conditions. DHS determined that Burma no longer meets those requirements.
Related: What is TPS?
Why Does This Decision Matters for Employers?
Impact on Work Authorization for Burmese Nationals
Burmese nationals whose work eligibility was based solely on TPS may lose employment authorization after January 26, 2026, unless they have another valid status (such as asylum, adjustment of status, or employer-sponsored visa).
I-9 and E-Verify Considerations
The end of TPS requires immediate action:
- I-9 Section 3 Reverification: Employers must reverify affected employees before the expiration of their work authorization.
- E-Verify Alerts: Employees with expiring EADs may trigger Tentative Nonconfirmations (TNCs) unless updated documents are provided.
Related: Reverification: A Critical Step in Compliance, Completing Section 3 of the Form I-9
Practical Steps HR Teams Must Take Now
Audit Your Burmese-national Employees
Start by identifying:
- Which employees are from Burma
- Whether their work authorization is tied to TPS
- Expiration dates on their Form I-9 documentation
Reverify Work Authorization—What to Check
- Confirm whether the employee has another valid basis for work authorization.
- If TPS was their sole basis, reverify before January 26, 2026.
- Use Section 3 of Form I-9 unless circumstances require a new form.
Communication & Documentation Protocols
- Notify affected employees of the TPS termination and encourage them to seek legal advice.
- Train HR teams on reverification procedures and update onboarding checklists.
- Maintain detailed records of all communications and documentation updates.
Risk Management & Compliance Checklist
Internal I-9 Review Schedule
- Conduct a workforce audit before Q1 2026.
- Flag upcoming EAD expirations tied to TPS.
Record-Keeping Best Practices
- Digitize I-9s and centralize records.
- Ensure audit trails exist for any reverification or status change.
When to Consult Legal Counsel
- If an employee lacks alternative authorization post-TPS.
- To confirm whether reverification or a new Form I-9 is appropriate.
- When managing potential TNCs or audit risks.
Related: How to Handle an ICE Audit
Avoiding Risk: What HR Teams Must Do Before January 26, 2026
The DHS decision to terminate TPS for Burma presents both risk and opportunity for employers. By acting early—auditing your workforce, updating I-9s, training HR, and maintaining documentation—you can ensure a smooth compliance transition.
At i9 Intelligence, we help HR teams navigate TPS changes, E-Verify updates, and I-9 compliance requirements with confidence. Start by using our I-9 Risk Calculator or book a free I-9 compliance review with an expert
