TPS Status for Employers: I-9 and E-Verify Instructions by Country (September 2026)

Temporary Protected Status (TPS) lets nationals of designated countries live and work in the United States when conditions at home make it unsafe to return. Every designation on USCIS's radar is now in transition: El Salvador terminates Sept. 9, 2026 per the USCIS I-9 Central Alert of Sept. 3, 2026; six designations are terminated post-Mullin (Haiti, Syria, Yemen, Burma, South Sudan, Somalia); one remains in effect only by court order (Ethiopia); four are active with scheduled expirations between October and November 2026 (Sudan, Ukraine, Venezuela 2023, Lebanon); and six more terminated earlier in 2025 (Afghanistan, Cameroon, Nepal, Honduras, Nicaragua, Venezuela 2021). A12 and C19 EADs from any terminated designation are no longer valid; affected workers must be reverified on Supplement B. The Quick Reference table below is the single source of truth for every affected country.

Two Workflows for Post-Mullin Countries

For the six terminated post-Mullin countries (Yemen, Haiti, Syria, Burma, South Sudan, Somalia), reverify on Supplement B; if the employee cannot produce a valid List A or List C document, employment cannot continue. For Ethiopia (still under court-ordered stay), enter "as per court order" in Section 1, the current operative date from the table above in Section 2 and E-Verify, and note the governing court case in the Additional Information box. For El Salvador, use the terminating-designation playbook below: qualifying A12/C19 EADs with the USCIS extension notice are List A through Sept. 9, 2026 only; after that date, reverify on Supplement B. USCIS treats Ethiopia's remaining stay as limited relief pending lower-court alignment with Mullin v. Doe. For workforce-planning context, see After Mullin v. Doe: The HR Playbook for Every TPS Termination.

Quick Reference: TPS Status by Country

Every TPS designation currently on USCIS's radar, with the operative Form I-9 date, the Federal Register basis, and the governing court case (where applicable). This table is the single source of truth for the rest of this guide.

Country	Status	Operative Date / Expiration	Federal Register / Court
Somalia	Terminated post-Mullin; A12/C19 EADs no longer valid; reverify on Supplement B	Aug. 14, 2026	91 Fed. Reg. 1547 (Jan. 14, 2026); Mullin v. Doe, 609 U.S. __ (2026); African Communities Together v. Noem, 26-cv-11201 (D. Mass.) superseded
Ethiopia	Court-ordered stay; enter "as per court order" in Section 1, operative date in Section 2 and E-Verify	Aug. 19, 2026	African Communities Together v. Noem, 26-cv-10278-BEM (D. Mass.)
Yemen	Terminated post-Mullin; A12/C19 EADs no longer valid; reverify on Supplement B	July 20, 2026	91 Fed. Reg. 10402; Mullin v. Doe
Haiti	Terminated post-Mullin; A12/C19 EADs no longer valid; reverify on Supplement B	July 27, 2026	90 Fed. Reg. 54733; Mullin v. Doe
Syria	Terminated post-Mullin; A12/C19 EADs no longer valid; reverify on Supplement B	July 27, 2026	90 Fed. Reg. 45398; Mullin v. Doe
Burma	Terminated post-Mullin; A12/C19 EADs no longer valid; reverify on Supplement B	Aug. 7, 2026	90 Fed. Reg. 53378; Aung DOE v. Noem, 25-cv-15483 (N.D. Ill.) superseded
South Sudan	Terminated post-Mullin; A12/C19 EADs no longer valid; reverify on Supplement B	Aug. 7, 2026	90 Fed. Reg. 50484; African Communities Together v. Noem, 25-cv-13939-PBS (D. Mass.) superseded
El Salvador	Terminating Sept. 9, 2026; ~170,000 beneficiaries; USCIS I-9 Central Alert of Sept. 3, 2026 confirms end of designation and related benefits. Qualifying A12/C19 EADs paired with the USCIS extension notice are List A through Sept. 9, 2026 only. For new cases before Sept. 9, enter Sept. 9, 2026 in Section 1, Section 2, and E-Verify; note the extension in Additional Information; attach the Alert, country page, and notice. After Sept. 9, reverify on Supplement B; an A12/C19 EAD (even with the notice) is not enough.	Sept. 9, 2026	USCIS I-9 Central Alert Sept. 3, 2026 (supplements Aug. 12, 2026); El Salvador country page (last reviewed 09/03/2026); 90 FR 5953 (Jan. 17, 2025); Venez. Ass'n of Mass. v. USCIS, Aug. 5, 2026 (D. Mass.)
Sudan	Active; 540-day auto-extensions capped at 1 year from July 22, 2025 per VAM ruling*; Aug. 14, 2026 USCIS notice auto-extends A-12/C-19 EADs (April 19, 2025 and eight earlier expiration dates) to Oct. 19, 2026 with USCIS extension notice	Oct. 19, 2026	90 FR 5944 (Jan. 17, 2025); VAM v. USCIS, Aug. 5, 2026 (D. Mass.)
Ukraine	Active; ~101,000 beneficiaries; 540-day auto-extensions capped at 1 year from July 22, 2025 per VAM ruling*; Aug. 14, 2026 USCIS notice auto-extends A-12/C-19 EADs (April 19, 2025 and Oct. 19, 2023) to Oct. 19, 2026 with USCIS extension notice	Oct. 19, 2026	Jan. 17, 2025 FR notice; VAM v. USCIS, Aug. 5, 2026 (D. Mass.)
Venezuela 2023	Active; termination litigated; district court order allows TPS through Oct. 2, 2026	Oct. 2, 2026	90 FR 9040; Ninth Cir. denied rehearing en banc Mar. 12, 2026
Lebanon	Active; extended 6 months in May 2026	Nov. 27, 2026	89 FR 93641 (Nov. 27, 2024) + May 2026 auto-extension
Afghanistan	Terminated 2025; A12/C19 EADs no longer valid	July 22, 2025	Fourth Circuit denied stay July 21, 2025
Cameroon	Terminated 2025; A12/C19 EADs no longer valid	Aug. 4, 2025	June 4, 2025 FR notice
Nepal	Terminated 2025; A12/C19 EADs no longer valid	Aug. 20, 2025	June 6, 2025 FR notice; Ninth Cir. stay Feb. 9, 2026
Honduras	Terminated 2025; A12/C19 EADs no longer valid	Sept. 8, 2025	July 8, 2025 FR notice; Ninth Cir. stay Feb. 9, 2026
Nicaragua	Terminated 2025; A12/C19 EADs no longer valid	Sept. 8, 2025	July 8, 2025 FR notice; Ninth Cir. stay Feb. 9, 2026
Venezuela 2021	Terminated 2025; A12/C19 EADs no longer valid	Nov. 7, 2025	Sept. 8, 2025 FR notice; Supreme Court stay Oct. 3, 2025

* See the expiration playbook below for a full breakdown of the VAM ruling and how the one-year cap affects El Salvador, Sudan, and Ukraine reverifications.

What to Do When an Active TPS Designation Approaches Expiration

The Quick Reference table lists four designations that are still active with scheduled 2026 expirations: Venezuela 2023 (Oct. 2), Sudan and Ukraine (Oct. 19), and Lebanon (Nov. 27). El Salvador is a fifth case with a scheduled expiration of Sept. 9, 2026, but as of the USCIS I-9 Central Alert of Sept. 3, 2026, USCIS has now told employers the designation and related benefits terminate on that day. The playbook below applies to each active designation in turn as its expiration approaches, and is the same playbook El Salvador is now running through the Sept. 9 cutover. Check the Quick Reference table for the next country in line and start the cadence at T-60 days.

El Salvador: what the Sept. 3, 2026 USCIS Alert changed

The Sept. 3, 2026 USCIS I-9 Central Alert (supplementing the Aug. 12 notice) does two things at once:

• Confirms termination. The El Salvador TPS designation and related benefits end Sept. 9, 2026. The USCIS country page for El Salvador was last reviewed 09/03/2026 and reflects the same end date.
• Publishes an extension notice covering qualifying A12/C19 EADs through Sept. 9, 2026 only. A qualifying A12 or C19 EAD from El Salvador, paired with the USCIS extension notice, is a valid List A document up to and including Sept. 9, 2026. It is not a valid List A document after that date.

For new hires before Sept. 9: Enter Sept. 9, 2026 in Section 1, Section 2, and E-Verify. Note the extension in the Additional Information box. Attach the USCIS Alert, the El Salvador country page, and the extension notice to the I-9. Do not create a new I-9 for an existing employee.

For existing employees: Reverification is Supplement B on the existing I-9. The employee chooses any unexpired List A or List C document; do not specify which document to bring. Do not reverify on List B (identity only is never reverified). Do not create a new E-Verify case at reverification; E-Verify is a new-hire tool.

Do not take adverse action before Sept. 9. Employment authorization is valid through that day for anyone with a qualifying A12/C19 EAD plus the USCIS extension notice. Terminating on Sept. 8 because "TPS is ending" creates 8 U.S.C. § 1324b exposure. After Sept. 9, an A12 or C19 EAD from El Salvador — even paired with the notice — is not sufficient List A evidence, and employment cannot continue unless the employee presents a currently valid List A or List C document.

The one-year EAD cap on Sudan and Ukraine EADs

Separate from the El Salvador termination, Sudan and Ukraine EADs are subject to a one-year cap on the automatic 540-day extension. On Aug. 5, 2026, the U.S. District Court for the District of Massachusetts in Venez. Ass'n of Mass. v. USCIS (VAM) upheld the DHS Cap Policy limiting TPS-based EADs to one year from July 22, 2025. The practical effect:

• El Salvador: The original 540-day auto-extension for A12 and C19 EADs ended March 9, 2026 per USCIS. The Sept. 3, 2026 Alert republished a separate USCIS extension notice that carries qualifying EADs through Sept. 9, 2026 only. Do not conflate the two — the Sept. 3 notice is a terminal extension, not a reopening of the 540-day window.
• Sudan: EAD auto-extension ended April 19, 2026. The Aug. 14, 2026 USCIS notice separately auto-extends qualifying A-12/C-19 EADs to Oct. 19, 2026 with USCIS extension notice.
• Ukraine: Same 540-day cap; the Aug. 14, 2026 USCIS notice separately auto-extends qualifying A-12/C-19 EADs to Oct. 19, 2026 with USCIS extension notice. Check the specific dates on the USCIS Ukraine country page.

USCIS confirmed on July 23, 2026 that previously issued TPS-based EADs retain their printed expiration dates. Outside a USCIS extension notice window, the card is valid only until the date printed on it; the auto-extension window is closed.

T-60 to T-30 days: audit and pre-stage

1. Pull every I-9 with an A(12) or C(19) EAD. Filter by category code, not country of birth. Country-of-birth audits create anti-discrimination exposure under 8 U.S.C. § 1324b enforced by IER.
2. Cross-reference each record against the country's row in the Quick Reference table. For active-country EADs, check the card's printed expiration date directly. Ignore the auto-extension for El Salvador, Sudan, and Ukraine unless USCIS publishes a fresh Federal Register notice reopening it.
3. Flag any employee whose card expires on or before the country's TPS expiration date. These are your near-term reverification candidates regardless of what DHS decides about the underlying designation.
4. Draft the reverification communication now. Frame it as a referral to immigration counsel, not a termination warning. Employees may have H-1B, L-1, family-based, adjustment-of-status, asylum, or cancellation-of-removal pathways.

T-14 days: watch the Federal Register and E-Verify

DHS typically publishes an extension or termination notice 30 to 60 days before a TPS expiration. If no notice appears within two weeks of the expiration date, the designation is expected to lapse on the date printed on the country page. Monitor:

• The country's USCIS TPS page, which USCIS updates on a rolling Friday cadence.
• The E-Verify What's New page, which publishes formal termination guidance whenever DHS issues one.
• The Federal Register USCIS agency feed for the actual notice text.

Save timestamped screenshots of each daily check. If DHS terminates, the good-faith-reliance record is your audit defense.

T-0 (expiration day)

If DHS publishes an extension: Update the operative date across your I-9 population using the Federal Register cite. Note the new date in Section 2 and in the E-Verify case where applicable. No Supplement B required for a straight extension.

If DHS publishes a termination: Run the reverification workflow described below for terminated designations. A12 and C19 EADs from the terminated country are no longer valid as of the effective date, regardless of the printed expiration on the card.

If DHS publishes nothing and the date passes: The designation lapses. Treat it as a termination on the expiration date printed on the country page. Do not continue employment past that date on the strength of an A12 or C19 EAD alone.

Post-expiration: 60-day litigation window

Every 2025 TPS termination has been litigated. Expect the same for any 2026 termination. If a court issues a stay after a termination effective date, USCIS will publish a follow-up bulletin restoring work authorization for a limited period. Track the country's USCIS page daily until the litigation posture is clear. Do not re-hire an employee you already reverified off; wait for a specific stay-restoration bulletin.

"El Salvador is the largest of the terminating populations, at roughly 170,000 beneficiaries. USCIS published the extension notice with the Sept. 3 Alert so employers have a clean rule: the A12 or C19 EAD plus that notice is List A through Sept. 9, and only through Sept. 9. On Sept. 10 you're reverifying on Supplement B like any other termination. Pull the A(12) and C(19) audit today, not after, and let the employee choose from List A or List C — do not tell them which document to bring," says Patricia Duarte, Director of Compliance at i9 Intelligence.

Schedule a Free Compliance Call to audit your active-country TPS population before the next scheduled expiration.

If Ethiopia's Operative Date Lapses Without a New Bulletin

USCIS supersedes operative dates on a rolling Friday cadence. If Ethiopia's Section 2 date passes without a new bulletin, the lapse itself is not a termination signal. TPS ends only when all three occur: (1) the underlying district court stay is dissolved, (2) DHS publishes a termination-effective notice in the Federal Register, and (3) E-Verify publishes formal termination guidance on its What's New page.

During a lapse:

• Do not terminate based solely on the lapsed Section 2 date. Firing a court-stayed TPS worker exposes the employer to a document-abuse or citizenship-status discrimination claim under 8 U.S.C. § 1324b.
• Do not reverify prematurely on Supplement B without a new USCIS-provided operative date or an independent List A or List C document.
• Document a daily check of the USCIS country page and the E-Verify What's New page. Save timestamped screenshots to create a good-faith-reliance record for any later ICE audit.

Reverification Workflow for Terminated Designations

The steps below apply identically to the six terminated post-Mullin countries (Haiti, Syria, Yemen, Burma, South Sudan, Somalia). They also apply to El Salvador beginning Sept. 10, 2026, once the qualifying A12/C19 EAD + USCIS extension notice combination is no longer valid List A evidence. Termination-effective dates, Federal Register cites, and superseded court cases for each are in the Quick Reference table above.

• Section 1 (new hires): The employee must attest to current authorization based on a valid document category, not the terminated TPS.
• Supplement B (existing employees): Required for any A12 or C19 EAD previously accepted from the terminated country. Record the new document's title, issuing authority, number, and expiration date. If the employee cannot produce a currently valid List A or List C document, employment cannot continue.
• E-Verify: Do not open a new E-Verify case at reverification. E-Verify is a new-hire tool. Reverification lives on Supplement B of the existing Form I-9. E-Verify photo matching does not apply to Social Security cards; the photo-match tool covers only U.S. passport, U.S. passport card, Permanent Resident Card (I-551), and EAD (I-766).
• Discrimination guardrails: During reverification, do not specify which document the employee must present. Employees choose from List A or List C. Do not demand original documents beyond what the form requires, and do not treat the reverification as a re-hire.
• Previously issued EADs: All A12 and C19 EADs issued under a now-terminated TPS designation are invalid as of that designation's termination-effective date, regardless of the date printed on the card. If you are unsure whether an EAD was TPS-based, check the category code on the front of the Form I-766. A12 or C19 indicates a TPS-based EAD.

Handling These Countries on the I-9

New Hires

New hire from Ethiopia (still under court-ordered stay):

1. The employee presents their TPS-based EAD (Form I-766) as a List A document.
2. In Section 1, the employee enters "as per court order" in the Expiration Date field.
3. In Section 2, the employer enters the country's operative date.
4. Add a note in the Additional Information box referencing the governing court order.
5. Attach the USCIS Alert and the USCIS TPS country webpage to the Form I-9.

New hire from El Salvador before Sept. 9, 2026: The employee presents a qualifying A12 or C19 EAD (Form I-766). Enter Sept. 9, 2026 in Section 1, Section 2, and E-Verify. Note the USCIS extension in the Additional Information box. Attach the USCIS I-9 Central Alert of Sept. 3, 2026, the USCIS El Salvador country page, and the extension notice to the Form I-9. On or after Sept. 10, an El Salvador A12/C19 EAD (even paired with the notice) is not sufficient List A evidence — the new hire must present a different List A document, or a List B + List C combination.

New hire from Haiti, Syria, Yemen, Burma, South Sudan, or Somalia (terminated post-Mullin): Do not accept an A12 or C19 EAD tied to a terminated designation. The employee must present a different List A document or a List B + List C combination that establishes current work authorization. If they cannot, the new hire cannot proceed.

Entering This in the i9 Intelligence Platform

The i9 Intelligence electronic I-9 platform will not accept free text like "as per court order" in the Section 1 date field. Enter the country's operative date in Section 1 and document the court order (or, for El Salvador, the USCIS extension notice) in the Additional Information box in Section 2. USCIS accepts this approach for electronic I-9 systems that cannot capture free-text notations.

Step-by-step in i9 Intelligence:

1. Section 1 (Expiration Date): Enter the country's operative date. The card may show an earlier printed expiration date, but that date has been superseded by the court order or extension notice. The system will not accept an expired date.
2. Section 2 (Expiration Date): Enter the same operative date. Do not enter the date printed on the card.
3. Section 2 > Additional Information: Select the Section 2 tab on the right-hand side of the form, then select Additional Information. Type the note using the country-specific format below, then select Save Changes:
   • Ethiopia: "TPS for Ethiopia: As per court order: African Communities Together et al. v. Noem et al., 26-cv-10278-BEM (D. Mass.)"
   • El Salvador (before Sept. 9, 2026): "TPS for El Salvador: A12/C19 EAD extended through Sept. 9, 2026 per USCIS I-9 Central Alert of Sept. 3, 2026 and USCIS extension notice."

   Haiti, Syria, Yemen, Burma, South Sudan, and Somalia TPS designations are terminated post-Mullin. Do not enter "as per court order" for those countries. Instead, reverify the employee on Supplement B using a currently valid List A or List C document. The same rule applies to El Salvador on or after Sept. 10, 2026.

4. Attach supporting documents: Attach the USCIS Alert and the country-specific USCIS TPS webpage to the I-9 record. For El Salvador, also attach the USCIS extension notice.
5. E-Verify: If you use E-Verify, enter the country's operative date when creating the case, regardless of what is printed on the employee's card. E-Verify applies to new hires only; do not open an E-Verify case at reverification.

Finding affected employees in i9 Intelligence: Open the Expiring Documents dashboard, or run the report at Reports > Compliance > Expiring Docs Report. Filter for EADs with category code A12 or C19. Cross-reference each record against the country's row in the Quick Reference table above to determine whether reverification, an operative-date update, or no action is required. Update the existing record. Do not create a new I-9.

Older Form I-9 versions (before version 8, which introduced the Additional Information box) require you to upload the country-specific note as an attached document instead. Other electronic I-9 platforms: if Section 1 requires a date value, enter the operative date and document the court order in Section 2's Additional Information box or as an attachment.

TPS-Based EAD Automatic Extensions: What Changed

Separate from the court-order-driven operative dates, the underlying rules for automatic EAD extensions have changed. If you have employees who filed to renew a TPS-based EAD, the automatic extension rules may not match what appears on their I-797C receipt notice.

Three events have reduced or eliminated automatic extension periods for TPS-based EADs:

1. Federal Register notices for specific TPS countries may set their own extension limits.
2. The One Big Beautiful Bill Act (H.R. 1), implemented July 22, 2025, capped TPS-based EAD extensions at 1 year or the duration of the TPS designation, whichever is shorter, even for renewals that were already pending.
3. The DHS interim final rule, effective October 30, 2025, eliminated automatic extensions entirely for new EAD renewal filers.

This creates three categories based on when the renewal application was received by USCIS:

Renewal Received By USCIS	Automatic Extension Rule
On or before July 21, 2025	Up to 540 days applies, but any portion of the extension that falls after July 22, 2025 cannot last longer than 1 year from that date or the TPS designation period, whichever is shorter.
July 22: October 29, 2025	Limited to 1 year or the duration of the TPS designation, whichever is shorter. Not 540 days, even if the I-797C receipt notice shows the full 540-day extension.
October 30, 2025 or later	No automatic extension. The employee's EAD is not extended while the renewal is pending.

Why this matters: Employees in the middle category may be holding I-797C receipt notices that show a 540-day extension period. That extension is no longer valid at its full length. The law changed after the notice was issued. Employers cannot rely on the date printed on the receipt notice alone. Check the "Received Date" on the I-797C and apply the rules above.

For more detail on EAD automatic extensions and the October 2025 cutoff, see our EAD Card guide and Auto-Extension Compliance Guide.

What Employers Should Do Now

The priority compliance checklist:

1. Audit by EAD category code, not by nationality. Pull every Form I-9 with an EAD bearing category code A(12) or C(19). Those are the TPS-based work authorization codes. Do not pull records by country of birth. Country-of-birth audits create anti-discrimination liability under 8 U.S.C. § 1324b, enforced by the DOJ Immigrant and Employee Rights Section (IER).
2. For Ethiopia (still under court-ordered stay): ensure Section 2 shows the current operative date with the governing court order noted in the Additional Information box. For existing employees whose I-9s show earlier placeholder dates, complete Supplement B with the current operative date. For El Salvador (terminating Sept. 9, 2026): for new cases before Sept. 9, enter Sept. 9, 2026 in Section 1, Section 2, and E-Verify; note the USCIS extension in Additional Information; attach the Sept. 3 Alert, the country page, and the extension notice. On or after Sept. 10, reverify existing El Salvador A12/C19 employees on Supplement B; the employee chooses any unexpired List A or List C document. Do not create a new E-Verify case at reverification. For Haiti, Syria, Yemen, Burma, South Sudan, and Somalia (terminated post-Mullin): run the reverification workflow. A12 and C19 EADs are no longer valid regardless of the printed expiration date.
3. Save the USCIS Alert and country-specific TPS webpage. USCIS explicitly permits attaching the downloaded Alert and TPS country webpage to the Form I-9. Do so to document your compliance posture.
4. Do not take adverse action before authorization actually lapses. For Ethiopia, employees remain authorized through the current operative date. For El Salvador, qualifying A12/C19 EADs plus the USCIS extension notice are valid List A through Sept. 9, 2026 — terminating on Sept. 8 because "TPS is ending" creates § 1324b exposure. For terminated countries, employment can continue only if the employee produces a valid List A or List C document during reverification.
5. Prepare for the next USCIS update on Ethiopia. USCIS characterizes Ethiopia's operative date as limited relief until the lower court aligns with Mullin v. Doe. When the district court dissolves its stay, USCIS is expected to issue a follow-up bulletin. Have your Supplement B process ready to run at short notice.
6. Check EAD renewal filing dates. If any TPS employees filed EAD renewals between July 22 and October 29, 2025, their automatic extension is shorter than what the I-797C receipt notice shows. Check the "Received Date" on the receipt and apply the rules in the EAD automatic extension section above.
7. Alert affected employees as a referral to counsel, not a termination warning. Employees facing work authorization loss need lead time for alternative pathways (H-1B, L-1, family petitions, adjustment of status, asylum, cancellation of removal). Frame every communication as a referral to immigration counsel, not a countdown to termination.
8. Subscribe to USCIS updates. Sign up for E-Verify and Form I-9 GovDelivery alerts to receive official guidance as it is published.

"With six TPS designations terminated post-Mullin, El Salvador terminating tomorrow, and Ethiopia still running on a court-ordered extension, HR teams are running three workflows in parallel. For the six terminated countries, the A(12) and C(19) EADs on file are no longer valid, and continuing to employ someone who cannot produce a new List A or List C document creates knowing-hire exposure. For El Salvador, the Sept. 3 extension notice plus a qualifying A12/C19 EAD is List A through Sept. 9 — after that, you're on Supplement B. For Ethiopia, keep entering the operative date in Section 2 and E-Verify and monitor the USCIS TPS page for the next supersession. Run the A(12) and C(19) audit before enforcement resources arrive, not after," says Patricia Duarte, Director of Compliance at i9 Intelligence.

Need Help Managing TPS Reverifications?

Managing reverifications across six terminated designations, an El Salvador cutover, and an Ethiopia operative date is a full-time job. i9 Intelligence tracks expiring documents automatically, and our compliance team has 27+ years of experience with situations exactly like this.

Schedule a Free Compliance Call. Our team will help you identify affected employees and walk you through the reverification process for each country.

Phone: (713) 668-6200 (Monday to Friday, 8 AM to 5 PM CT)
Email: support@i-9intelligence.com
Ticket: Submit a ticket

Frequently Asked Questions

What is TPS?

Temporary Protected Status (TPS) is a designation that allows nationals of certain countries to live and work in the United States when conditions in their home country (armed conflict, natural disaster, or other extraordinary circumstances) make it unsafe to return. TPS beneficiaries receive Employment Authorization Documents (EADs) that employers must accept as valid List A documents for Form I-9 purposes. For a full explanation, see our guide: What Is Temporary Protected Status?

What date do I enter on Form I-9 for TPS EADs right now?

For the six terminated post-Mullin countries (Haiti, Syria, Yemen, Burma, South Sudan, Somalia), A12 and C19 EADs are no longer valid. Reverify affected workers on Supplement B. For El Salvador, enter Sept. 9, 2026 in Section 1, Section 2, and E-Verify for new cases before Sept. 9; note the USCIS extension in Additional Information; attach the Sept. 3 Alert, country page, and extension notice. On or after Sept. 10, reverify on Supplement B. For Ethiopia (still under court-ordered stay), enter "as per court order" in Section 1 and the operative date in Section 2 and E-Verify: Aug. 19, 2026. Note the governing court order in the Additional Information box. USCIS publishes Friday updates, so operative dates can shift week to week.

What did the Supreme Court's Mullin v. Doe ruling do?

The June 25, 2026 ruling in Mullin v. Doe, 609 U.S. ___ (2026), held that federal courts cannot block DHS from terminating TPS designations. USCIS characterizes each country's operative date as "limited relief until the lower courts align with the U.S. Supreme Court's favorable decision in Mullin v. Doe." As each district court dissolves its stay under that ruling, USCIS is expected to issue country-specific follow-up dates. For a full strategic breakdown, see After Mullin v. Doe: The HR Playbook for Every TPS Termination.

Can I fire an employee when their TPS-based EAD expires?

No, you must reverify first. Ask the employee to present a new List A or List C document showing continued work authorization; if they can, record it in Supplement B and continue employment. If they cannot, employment cannot continue. Terminating early based on TPS status or national origin violates 8 U.S.C. § 1324b.

My employee's I-797C says their EAD is extended for 540 days. Is that still accurate?

Not necessarily. The One Big Beautiful Bill Act (H.R. 1), implemented July 22, 2025, shortened automatic extensions for TPS-based EADs. If the renewal application was received by USCIS between July 22 and October 29, 2025, the extension is limited to 1 year or the TPS designation period, whichever is shorter, not 540 days. The I-797C receipt notice may still show the full 540-day extension because it was issued before the law changed. Check the "Received Date" on the I-797C and refer to the EAD automatic extension section above for the rules that apply to each filing window.

What happens if an active TPS designation isn't extended by its expiration date?

El Salvador is the live example. USCIS confirmed with the Sept. 3, 2026 Alert that the designation ends Sept. 9, 2026 and paired that with an extension notice covering qualifying A12/C19 EADs through Sept. 9 only. On Sept. 10, the designation and the notice both lapse; A12 and C19 EADs are no longer valid List A evidence. Run the reverification workflow described above: Supplement B, currently valid List A or List C document, no continued employment if the employee cannot produce one. If DHS ever publishes nothing at all before an expiration date, the designation lapses on that date and the same workflow applies. Track each country's USCIS page daily in the two weeks leading up to expiration; if a stay is later issued, USCIS publishes a follow-up bulletin restoring work authorization for a limited period. See the expiration playbook above for the full 60/30/14/0-day cadence.

My El Salvador employee's A12 or C19 EAD is expired on its face. What actually keeps them work-authorized right now?

The USCIS I-9 Central Alert of Sept. 3, 2026, together with the USCIS extension notice republished with it, extends qualifying A12 and C19 EADs from El Salvador through Sept. 9, 2026 only. So a qualifying A12/C19 card plus the extension notice is a valid List A document through Sept. 9 even though the card's printed date has passed. It is a separate, narrower window from the 540-day auto-extension that ended March 9, 2026 under the VAM ruling. If you had already reverified an El Salvador employee off the March 9 lapse, you do not need to un-reverify them. If you have an employee still working on the qualifying A12/C19 plus notice combination, that authorization ends Sept. 9. On Sept. 10, reverify on Supplement B; the employee chooses any unexpired List A or List C document.

My TPS employee has an unrestricted Social Security card. Can I use it for reverification when the EAD expires?

Reverification is a document exam, not a status investigation. Look at the face of the card.

• Restricted card — any of these legends is not List C: VALID FOR WORK ONLY WITH DHS AUTHORIZATION, VALID FOR WORK ONLY WITH INS AUTHORIZATION, NOT VALID FOR EMPLOYMENT. Reject it. Ask the employee to choose a different List A or List C document. The same rule applies if the card is laminated, even if unrestricted. For El Salvador TPS, that other document is due no later than Sept. 9, 2026. Background on the three restricted card types: "Valid for Work Only with DHS Authorization" on the I-9.
• Unrestricted card, reasonably appears genuine and relates to the employee — it is a List C document. Record it on Supplement B. Employment may continue. Do not also demand a current EAD or other DHS document. Do not ask how a TPS holder obtained an unrestricted card.
• Does not reasonably appear genuine (altered, doesn't relate to the person) — reject on that I-9 standard, then the same List A or List C deadline applies. Do not reject a card because the employee is Salvadoran or a known TPS holder.

USCIS, almost word for word (use this, do not paraphrase it away):

• M-274 FAQ 10: EAD expired, employee shows a Social Security card → if unrestricted, no current DHS document required; if restricted, reject and they choose another List A or List C document.
• M-274 §6.1: The employee must present current authorization from List A or List C, including an unrestricted Social Security card.

Why the pairing looks unusual. The Social Security Administration issues unrestricted cards to citizens, nationals, lawful permanent residents, asylees, refugees, and COFA citizens — not to TPS beneficiaries. TPS cards are usually restricted. El Salvador TPS has run since 2001, so a real unrestricted card can mean later LPR or asylum status, an older SSA issuance, or (most often) a restricted card that no one read closely. The employer inspects the card. The employer does not audit the person's immigration history.

IER guardrails that must stay in. Audit and reverify by A(12) or C(19) category code, not by country of birth. Do not specify which document the employee must present. Do not treat "this employee is TPS, so this card must be fake" as the reject reason.

In i9 Intelligence: Complete Supplement B on the existing record. Do not open a new I-9. Use the Expiring Documents dashboard (or the Expiring Docs Report under Reports > Compliance) and filter by A(12) or C(19) to match affected employees to the Quick Reference row.

What if my employee has TPS from a country not covered in the workflows above?

Every currently designated TPS country is listed in the Quick Reference table above, organized by status (court-ordered stay, terminated post-Mullin, active with upcoming expiration, or terminated earlier in 2025). Match the employee's country to its row for the operative date, Federal Register cite, and any governing court case. For live USCIS guidance on any specific country, see the USCIS TPS page.