Recent court rulings and agency updates have created significant developments for Temporary Protected Status (TPS) beneficiaries from Ethiopia, Haiti, and Yemen. With termination decisions stayed, automatic EAD extensions recognized, and additional Form I-9 and E-Verify guidance issued, employers should carefully review compliance obligations and monitor ongoing litigation and agency announcements.
Ethiopia
The Department of Homeland Security (DHS) announced on December 12, 2025 the termination of Temporary Protected Status (TPS) for Ethiopia along with a 60-day transition period ending on February 13, 2026. In making the announcement, the DHS Secretary determined that conditions in Ethiopia “no longer pose a serious threat to the personal safety of returning Ethiopian nationals.” On January 30, 2026 the court in the U.S. District of Massachusetts in the lawsuit African Communities Together et al. v. Noem et al. stayed the DHS Secretary’s TPS termination decision.
On February 13, 2026, USCIS finally updated its website to state that the “Employment Authorization Document (EAD) cards issued under the TPS designation of Ethiopia with an original expiration date of June 12, 2024 and Dec. 12, 2025 is extended per court order.” We recommend keeping a print out of the USCIS website with the Form I-9 and referencing the extension of the EAD card in the Additional Information field of the Form I-9. It is important to periodically check the USCIS TPS website for updates.
Haiti
Temporary Protected Status (TPS) Program for Haiti was scheduled to be terminated February 3, 2026 at 11:59 p.m. However, on February 2, 2026, the U.S. District Court for the District of Columbia issued a decision in Fritz Emmanuel Lesly Miot, et al v. Donald J. Trump, et al – one of the pending litigation matters challenging the termination of the TPS Program for Haiti – granting the Plaintiffs’ Renewed Motion to Stay. As a result, the decision indefinitely postpones the termination of TPS for Haitians, impacting approximately 352,959 Haitians who are currently TPS beneficiaries.
USCIS on February 4, 2026 recognized the court order and the automatic extension of work authorization and, as such, noted the “validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti,” per court order – without providing an end date for the expiration of the EAD automatic extension.
On February 14th, USCIS E-Verify issued additional guidance about the recognition of extended work authorization for employees in TPS for Haiti pursuant to the court order in Fritz Emmanuel Lesly Miot, et al v. Donald J. Trump, et al, Case No. 25-cv-02471-ACR (D.D.C.). USCIS has now clarified that in addition to the guidance provided on the USCIS TPS website, the Expiration Date (if any) fields on Form I-9 should include “per court order in Section 1 (completed by employee only) and a March 15, 2026 expiration date in Section 2 (or Supplement B) (completed by employer). We also encourage employers to regularly check the USCIS webpage for updated information. For employers enrolled in the E-Verify program, E-Verify also provided that when completing a case in E-Verify for a new employee, employers should also enter the expiration date of “March 15, 2026” from the Form I-9. It is also recommended that employers save the USCIS Guidance/E-Verify Guidance to the employee’s I-9 Record.
Yemen
The TPS designation for Yemen was previously extended through March 3, 2026. On February 13, 2026, DHS issued a press release to announce the termination of TPS for Yemen and that it would publish the notice in the Federal Register. As of February 18, 2026 the notice has not been published in the Federal Register. TPS benefits will end in 60 days from the publication of the notice in the Federal Register, unless there is litigation.
Employers are required to ensure that any expiring work authorization is reverified prior to the expiration date and to also update the Form I-9 with any automatic extension of work authorization due to any TPS litigation. In situations in which TPS has been terminated and not extended by USCIS or the courts, employers are required to contact such individuals to present evidence of valid authorization to work in order to continue employment.
Please contact your WR Attorney with any questions and/or for assistance.
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