TPS Updates For Ethiopia, South Sudan, Burma, Syria, Somalia And Haiti

04/02/26

Author: ADP Admin/Tuesday, March 31, 2026/Categories: Compliance Corner

Highlights

  • Impacted Employers: All employers who employ impacted TPS beneficiaries.
  • Effective Dates: Immediate
  • Summary: The Department of Homeland Security (DHS) announced termination of Temporary Protected Status (TPS) for six countries. Courts have blocked termination for these countries.

    For TPS beneficiaries from Ethiopia, South Sudan, Burma, Syria, Somalia and Haiti. DHS directs that when completing the Expiration Date fields on Form I-9, input “as per court order” in Section 1 and a specific date based on the applicable U.S. Citizenship and Immigration Services (USCIS) announcement in Section 2 along with a note in the additional information box. Employers may also download the applicable Alert and TPS webpages and attach them to Form I-9.
  • Next Steps: Review impacted Forms I-9 and update per the instructions below.

Instructions by Country

Updated dates are noted in red

Country Valid EAD Expiration Dates I-9 Section 1 Entry I-9 Section 2 Entry* E-Verify Entry*
Ethiopia June 12, 2024 or Dec. 12, 2025 "as per court order" April 8, 2026 (add note in Additional Information box) April 8, 2026
South Sudan Nov. 3, 2023; May 3, 2025; or Nov. 3, 2025 "as per court order" April 10, 2026 (add note in Additional Information box) April 10, 2026
Burma Nov. 25, 2022; May 25, 2024; or Nov. 25, 2025 "as per court order" April 15, 2026 (add note in Additional Information box) April 15, 2026
Syria March 31, 2021; Sept. 30, 2022; March 31, 2024; or Sept. 30, 2025 "as per court order" July 1, 2026 (add note in Additional Information box) July 1, 2026
Somalia March 17, 2023; Sept. 17, 2024; and March 17, 2026 "as per court order" May 18, 2026 (add note in Additional Information box) May 18, 2026
Haiti Feb. 3, 2026; Aug. 3, 2025; Aug. 3, 2024; June 30, 2024; Feb. 3, 2023; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; July 22, 2019; Jan. 22, 2018; or July 22, 2017 "as per court order" July 1, 2026 (add note in Additional Information box). Note: This is a revised date from DHS. The prior announced date was March 15, 2026. July 1, 2026

Clients should monitor TPS country pages for updates.

Additional Instructions and Guidance

For Ethiopia, South Sudan, Burma, Syria, Somalia and Haiti, employers may download the applicable USCIS Alert and TPS country webpages and attach them to the Form I-9. Check USCIS websites regularly for updated information.

Section 2 dates referenced in the chart reflect current guidance and DHS will presumably update guidance shortly depending largely on the course of current litigation. As long as court orders blocking TPS terminations remain in effect, work authorization remains valid.

The DHS guidance does not state what the Section 2 additional information notation referenced above should include. Presumably, a notation indicating “[name of country] TPS extended per court order” or a similar notation would be sufficient. Clients should consider consulting with counsel regarding the actual notation.

The DHS guidance also does not directly address how employers should handle Form I-9 updates for current employees (vs new hires). Presumably, employers could update Section 2 consistent with the DHS guidance above, by making a correction to the existing Form I-9 (vs completing Supplement B). Here again, clients should consider consulting with counsel given the lack of DHS guidance on this point.

Next Steps

ADP® is updating our systems to include the ‘as per court order’ option within Section 1. We are currently targeting April 2026 for the rollout of this new functionality.

In addition, clients can currently make a correction to Section 2 by navigating to the EI-9 Dashboard, using the ‘Search by’ field to locate the impacted employee, and selecting ‘Correct Form I-9' from the ‘Actions’ ellipsis. To access the EI-9 Dashboard, from ADP Workforce Now® > Process > HR> EI-9 Dashboard.

Employers and TPS beneficiaries should be aware that TPS policy continues to shift rapidly and remains the subject of ongoing litigation. ADP will continue to monitor and report future developments.

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