Supporting TPS Holders
at Risk of Losing Work Authorization

Since taking office, the Trump administration has attempted to terminate Temporary Protected Status (TPS) for 13 countries. A recent Supreme Court decision in Mullin v. Doe gave broad authority to the executive branch to terminate TPS designations and made TPS terminations largely unreviewable by the courts. Work authorizations for many TPS holders have expired as the Supreme Court decision goes into effect, meaning those individuals can no longer work legally. For other countries that have been terminated but have court-ordered extensions, work authorizations have been automatically extended as litigation continues, but those courts could allow the terminations to go into effect in the coming weeks and months. And the government could terminate any of the remaining active TPS designations by the end of the year.

While many individuals have lost their TPS work authorization already, many others are still allowed to work legally. Here’s what employers need to know to support their employees who were formerly or are currently working with TPS.

What's Next for TPS

As of July 31, 2026, employment authorization documents for Haiti, Syria, and Yemen have expired, with no announced extensions. Those individuals are no longer authorized to work and cannot be employed

Additional country terminations (Burma, Ethiopia, Somalia and South Sudan) have been stayed by other courts, allowing protections and work authorization to continue. Following the Mullin v. Doe decision, the Trump administration is asking those courts to allow those terminations to move forward as well, which could happen in the coming weeks and months. USCIS is automatically extending work authorizations for these countries in short intervals while the cases continue.

USCIS has published updated guidance for TPS work permits for these countries. However, it is important to note that this guidance is for the purpose of filling out employment verification paperwork, and does not necessarily reflect a final end date for TPS protection and work authorization—that will be determined by the courts. The administration could also terminate TPS for the few remaining active TPS designations for El Salvador, Lebanon, Sudan, and Ukraine in the coming months.

What Employers Need to Know

1. USCIS frequently updates its guidance regarding employment authorization.

Work authorizations are generally valid during the period of time when a TPS designation is active. In some cases, TPS holders’ work authorization may be valid beyond the period of the initial designation, and even after a termination has been announced. While an employee may have an expiration date listed on their Employment Authorization Document (EAD) or other documentation that they presented when they were hired, that individual could now be authorized to work for a period beyond that date, because the TPS designation has been extended or because USCIS has automatically extended the validity period during litigation, for example.

If the current expiration date has passed and the individual cannot demonstrate active work authorization, they are no longer eligible to work.

USCIS posts regular updates to its I-9 Central and E-Verify websites with updated guidance for TPS EADs to be used when completing employment verification. While these dates can be extended, they represent the current guidance for purposes of employment verification.

Employers who are not enrolled in E-Verify will not receive updates from the government. USCIS publishes extensions and new expiration dates regularly, often at the last minute. As a reminder, employees are allowed to work up to the date their work authorization expires, all else being equal.

2. It is the employer’s responsibility to verify their employees’ work authorization.

Employees do not have an affirmative legal obligation to notify their employers that their work permit has expired. Instead, it is the employer’s responsibility to track employees’ EAD expiration dates and verify that they can continue to work legally in the United States when those expiration dates approach.

The validity periods for some TPS work authorizations are regularly being extended beyond their initial expiration date. An employee may have submitted documentation with an expiration date that has passed. USCIS advises employers to check on the relevant USCIS webpages to see if the TPS designation for the relevant country has been extended and is still active.

USCIS is directing employers to reverify work authorization for TPS holders who presented EADs for TPS countries whose terminations are now in effect, including Haiti, Syria, and Yemen. Employers cannot continue to employ a person who does not provide proof of current employment authorization.

Selectively reverifying employees’ work authorization on a basis other than the expiration of their work authorization—like their country of origin or underlying immigration status—may also expose an employer to claims of unlawful discrimination.

Employers can check with their legal counsel for specific guidance for maintaining compliance with immigration and employment laws, including employment verification.

3. Preemptively terminating employment authorization may expose an employer to liability under federal law.

It is important to understand that an individual’s work authorization is valid up to the current expiration date, and that those dates are sometimes extended beyond the initial date that might be printed on an EAD or other document. Even in cases where a termination has been announced, individuals are authorized to work until the expiration date is reached or USCIS announces otherwise. Preemptively terminating employment simply because their work permit could become invalid in the future may expose an employer to liability for discrimination and wrongful termination and other consequences under federal law.

4. You may be able to help your employees move to a more secure status.

Individuals in the United States with temporary statuses may have a claim to a more secure status or be eligible for employer sponsorship. You can help employees determine what pathways may be available to them by offering legal assistance and arranging consultations with an attorney. See “How to Support Your Employees” below for more information.

5. Advocacy remains important.

Businesses that are impacted by the administration’s TPS terminations and other policy changes that restrict EADs should bring these concerns to their members of Congress and the administration. Congress has the ability to pass legislation that would secure work authorization and legal status for TPS holders and others with temporary statuses. It’s critical that legislators and the administration know the harms that these policy changes are causing to businesses and communities.

How to Support Your Employees

1. Provide legal consultations for employees.

Some employers make available to employees an attorney who is well-versed in immigration and employment issues to provide private consultations. These consultations may reveal opportunities that individuals may have to switch to a different employment authorization or a more secure status.

2. Consider employer sponsorship or financial support for other immigration applications.

Legal consultations may determine that your employee(s) are eligible for an employment-based visa. Employer sponsorship can help secure your workforce. You can learn more about employer sponsorship through resources at Cornell Law School’s Path2Papers and Pathway for Immigrant Workers.

If employee(s) are not eligible for an employment-based visa but have another pathway to a more secure status, employers can provide legal and/or financial assistance. They can also cover the cost of any fees that employees must pay to maintain their status, such as DACA or TPS-related employment authorization applications. Employers may also cover legal defense fees for current full-time employees who are detained or encounter other legal troubles arising from losing their immigration protections.

3. Provide time off, not taken from allotted vacation time, for employees to seek legal assistance, complete immigration processes, or attend immigration proceedings.

Employees who are managing their own or their families’ immigration processes will likely need to take time out of work to meet with lawyers, file paperwork, visit USCIS offices, and/or attend court hearings. Employers can secure their workforce and help ensure their employees are able to complete these processes by offering time off, outside of already designated vacation time, to take care of their immigration needs.

4. Support departing employees in the event of employment termination.

Despite attempts to support employees and maintain their work authorization, employees may still face the end of their lawful immigration status and any related work authorization. Should an individual’s employment be terminated due to changes in their work authorization, an employer may offer severance or other off-boarding support as permitted by federal, state, and local laws; the employer may also be able to provide the employee the opportunity to be reinstated to their prior position if they obtain work authorization within a certain period of time. Additional examples of off-boarding support could include continued health insurance for a specified period of time, acting as a reference, student loan forgiveness, and/or transferring of technology like computers or cell phones to the departing employee.

5. Assess how developing immigration policies might impact other employees.

In addition to these recent changes to TPS and the alarming delays in DACA renewal processing that are forcing DACA recipients to lose their work authorization, the administration has proposed and implemented several policy changes that make it harder for immigrants, particularly those with temporary lawful presence or status, to access and maintain their EADs. This includes restricting work authorization for asylum seekers, ending the practice of automatically extending EADs for individuals who send in their renewals on time but are impacted by USCIS processing backlogs, and making it more difficult for individuals lawfully in the United States, such as those paroled into the U.S. or granted deferred action, to qualify for work authorization.