Takeaways
Status of Haiti TPS Work Authorization
A federal court in the D.C. District has stayed the planned termination of Haiti’s Temporary Protected Status (TPS), which was slated to end on Feb. 3, 2026. This stay preserves TPS protections and work authorization for Haitian TPS holders while litigation continues.
USCIS and E-Verify have published coordinated employer guidance confirming how should handle I-9 and E-Verify compliance for current TPS beneficiaries.
Form I-9
New Hire Instructions:
Complete Section 1 and Section 2 on I-9s as follows:
- Section 1 (“Expiration Date”): Employee enters “as per court order.”
- Section 2 (“Expiration Date (if any)”): Employer enter “03-15-2026.”
Existing Employees Instructions:
- Additional Information Box or Supplement B: Add a note referencing the court stay and USCIS guidance with the 03-15-2026 expiration date.
These updates apply even if the EAD shows an earlier printed expiration date like Aug. 3, 2025, or older. The court’s order extends validity through the new date. Do not ask employees for updated documents unless a final court determination or new DHS/USCIS guidance changes the situation. Employers may attach a printed copy of the USCIS Alert and the TPS Haiti page to the I-9 file for documentation.
E-Verify
The E-Verify update echoes the I-9 approach for new hires:
- When creating or updating a case for a Haitian TPS holder, use the expiration date “03-15-2026” from the I-9 in the E-Verify case.
- Do not treat the earlier printed date on the EAD as the controlling expiration for E-Verify purposes.
Do not run a second E-Verify case for existing employees.
Practical Compliance Tips for HR Teams
- Track and document guidance – Save and attach the USCIS and E-Verify Alerts to your I-9 files for audit readiness.
- Litigation is ongoing – USCIS and E-Verify may revise instructions. Check TPS Haiti pages and subscribe to GovDelivery alerts.
- Avoid discriminatory practices – Do not initiate reverification or adverse action just because of the original termination date on the EAD. This can raise the risk of discrimination allegations under federal law.
As Haiti TPS holders remain work authorized, employers must update existing I-9s and E-Verify cases according to the court and agency guidance — not revert to the old expiration dates printed on EADs. Proper notation and documentation now will help avoid compliance gaps if the legal landscape shifts later due to the litigation.
Jackson Lewis attorneys will continue to monitor court developments and DHS guidance and provide updates as they occur.