Form I-9 guidance issued for work authorization extensions

March 20, 2026

Federal agencies have released Form I-9 guidance for employers with employees whose work authorization status has been extended by court orders.

Courts have paused the expiration dates of employment authorization documents (EADs) for individuals from six countries:

Burma
Ethiopia
Haiti
Somalia
South Sudan
Syria

The designation of temporary protected status (TPS) for individuals from these countries had been terminated at the direction of the Secretary of Homeland Security. The TPS for the six countries was slated to end between November and mid-March.

However, courts in the District of Columbia, Illinois, Massachusetts, and New York stayed the termination of the TPS status, putting it on pause. This extends the TPS designation for workers from the six countries impacted by the court decisions.

Form I-9 guidance

The decisions extend the validity of EADs issued with TPS for the six countries impacted by the court orders.

United States Citizenship and Immigration Services (USCIS) and E-Verify have issued the following guidance for filling out the Form I-9 for individuals impacted by the court orders.

Section 1: Input “as per court order” in the Expiration Date field.

Section 2: For individuals with TPS from the countries below, input the following dates in the Expiration Date field and place a note in the Additional Information box:

Burma: March 30, 2026
Ethiopia: April 8, 2026
Haiti: March 27, 2026
Somalia: March 31, 2026
South Sudan: April 10, 2026
Syria: March 24, 2026

Employers may download the TPS webpage for Burma, Ethiopia, Haiti, Somalia, South Sudan, or Syria and attach it to the Form I-9.

Key to remember: Employers should follow federal government Form I-9 guidance for individuals whose temporary protected status has been extended.

E-Verify guidance

When completing a case in E-Verify, employers are to enter the expiration dates from Section 2 of the Form I-9.

Employers are encouraged to check the USCIS website regularly for updated information. Key to remember: Employers should follow federal government Form I-9 guidance for individuals whose temporary protected status has been extended.

Publish Date

March 20, 2026

Author

Terri Dougherty

Type

Industry News

Industries

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