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• Federal Judge Temporarily Blocks TPS Work Authorization Cutoff
• August Visa Bulletin Brings Limited Employment-Based Progress; USCIS to Use Final Action Dates
• Court Clears the Way for Yemen TPS Termination
• South Africa Expands Trusted Employer Scheme With New Employer Pathways

Federal Judge Temporarily Blocks TPS Work Authorization Cutoff

A federal judge in Massachusetts has temporarily blocked the Trump administration from enforcing a policy that would have shortened work authorization for many Temporary Protected Status (PS) beneficiaries and asylum seekers. The ruling prevents the government from implementing a retroactive limit that could have caused thousands of individuals to lose employment authorization while litigation continues.

The challenged policy stems from recent changes to automatic Employment Authorization Document (EAD) extensions, which plaintiffs argue were applied retroactively to individuals with pending benefit requests. Without the court’s intervention, many affected workers could have lost work authorization despite timely filing for renewal.

The court issued a temporary administrative stay while it considers a request for a preliminary injunction. The order preserves the current status quo, allowing affected individuals to continue working until the court issues a further ruling, which is expected in early August.

The case is part of broader litigation challenging recent DHS and USCIS policies affecting humanitarian immigration programs, including TPS and asylum-based employment authorization.

Impact: The ruling provides temporary relief for employers and affected workers but does not permanently resolve the issue. Employers should continue monitoring USCIS guidance and be prepared for further changes as the litigation progresses.

August Visa Bulletin Brings Limited Employment-Based Progress; USCIS to Use Final Action Dates

The Department of State’s August 2026 Visa Bulletin provides modest forward movement in several employment-based immigrant visa categories, while cautioning that high demand could result in additional retrogression or unavailability before the end of the fiscal year. USCIS has confirmed it will use the Final Action Dates chart for employment-based adjustment of status filings in August.

Among the key changes, EB-1 China advances one month to July 1, 2023, while EB-1 India remains at October 15, 2022. EB-3 China moves to January 1, 2022, and all other countries, except India and the Philippines, advance one month to September 1, 2024. EB-2 India remains unavailable, while EB-2 China and EB-5 categories are largely unchanged.

The State Department also cautioned that continued demand could cause further retrogression or visa unavailability before September 30, 2026, particularly in the Eb-1 India and Eb-2 categories.

Foreign nationals seeking to file adjustment of status applications in August must have priority dates that are earlier than the applicable Final Action Date published in the Visa Bulletin.

Impact: The August Visa Bulletin offers limited advancement but reinforces that immigrant visa numbers remain under significant demand. Employers and foreign nationals with pending green card cases, particularly those in the EB-1 India and EB-2 categories, should closely monitor future Visa Bulletins and evaluate filing opportunities as visa availability continues to fluctuate.

Court Clears the Way for Yemen TPS Termination

A federal district court in the Southern District of New York has lifted its earlier order delaying the Department of Homeland Security’s (DHS) termination of Temporary Protected Status (TPS) for Yemen. As a result, DHS may move forward with ending the designation, with current TPS protections and related Employment Authorization Documents (EADs) scheduled to expire after July 24, 2026.

The ruling follows the U.S. Supreme Court’s June 2026 decision permitting DHS to proceed with terminating TPS designations for Haiti and Syria. Relying on that decision, the district court concluded it was bound by the Supreme Court’s reasoning and removed the injunction that had temporarily paused Yemen’s TPS termination.

USCIS is expected to issue updated guidance outlining the implementation of the court’s decision and any related employment authorization instructions. Until then, the agency’s most recent notice indicates that TPS and associated work authorization for eligible Yemeni beneficiaries remain valid through July 24, 2026.

Impact: Employers with TPS beneficiaries from Yemen should closely monitor upcoming USCIS announcements and verify employees’ ongoing work authorization as additional guidance becomes available. Affected individuals may also wish to evaluate alternative immigration options if they may lose TPS protection following the termination.

South Africa Expands Trusted Employer Scheme With New Employer Pathways

South Africa’s Department of Home Affairs has launched Phase II of its Trusted Employer Scheme, expanding eligibility for employers seeking streamlined immigration processing for highly skilled foreign workers.  Expressions of interest are open through September 4, 2026.

The expanded program introduces two new pathways for companies establishing or operating regional headquarters in South Africa and certain financial sector entities operating as Synthetic Financial Centers. The existing pathway for South African-based operations remains available but has been updated with revised eligibility criteria and a new scoring framework.

Organizations must apply under a single pathway and achieve a minimum score of 80 points. Applications will be submitted through the Department of Home Affairs’ online portal and reviewed by an interdepartmental committee, with decisions expected within 30 business days after the application period closes.

The Trusted Employer Scheme was introduced as a pilot program in 2024 to support investment and economic growth by simplifying the hiring of qualified foreign nationals. During the pilot phase, 65 employers were approved to participate after more than 100 organizations applied.

Impact: The expansion of the Trusted Employer Scheme provides more employers access to streamlined immigration processing and reduced administrative requirements when sponsoring foreign talent. Organizations operating in South Africa or planning regional expansion should evaluate whether they qualify under one of the new pathways before the September 4, 2026 deadline.