May 2026
Insight & Solutions 2
 

News

Federal Court Blocks TPS for Yemen

On May 1, 2026 a U.S. District Court blocked the termination of TPS for Yemen. Yemeni TPS holders remain authorized to work while the lawsuit continues.

TPS Updates for Ethiopia, South Sudan, Burma, Syria, Somalia and Haiti (Updated)

The Department of Homeland Security (DHS) announced termination of Temporary Protected Status (TPS) for six countries. Courts have blocked termination for these countries.

Treasury Publishes Final Rules Listing Occupations that Qualify for No Tax on Tips Deduction and Provides Additional Guidance on Qualified Tips

The U.S. Department of the Treasury (Treasury) has finalized regulations  under the new “No Tax on Tips” deduction, identifying which occupations are eligible for the new deduction because they customarily and regularly received tips as of Dec. 31, 2024, and defining “qualified tips.”   The Listed Occupations include corresponding Treasury Tipped Occupation Codes (TTOCs) which employers must report on 2026 tax forms.  The tax regulations do not alter the Fair Labor Standards Act (FLSA) wage and hour rules or tip credit eligibility.

ICE Updates Form I-9 Enforcement Guidance

U.S. Immigration and Customs Enforcement has updated guidance on how it will view Form I-9 errors. The list of errors includes items that that are now reclassified as “substantive” errors and therefore subject to immediate penalties.

USPS Postmark Rule Updated

The United States Postal Service (USPS) recently released an updated rule change providing clarification on the timing and manner by which mail is officially postmarked.

USCIS Policy Change Retroactively Shortens Certain TPS-Based EAD Automatic Extensions

United States Citizenship and Immigration Services (USCIS) has clarified that, in light of the “Big Beautiful Bill Act” (H.R.1), automatic extensions of work authorization for TPS-based EAD renewal applicants are now capped at one year (365 days).    USCIS takes the position that the cap is retroactive,

U.S. Department of Labor Proposes New Independent Contractor Test

The U.S. Department of Labor (DOL) has proposed changes to the test for determining whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA).   In addition, the Department proposes to apply this analysis to the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

DHS Announces Termination of TPS for Yemen

The Department of Homeland Security (DHS) announced that it will not extend the current Yemen Temporary Protected Status (TPS) designation beyond March 3, 2026.  However, impacted TPS beneficiaries will be granted a 60-day transition period through May 4, 2026 and will remain work-authorized throughout the transition period.

TPS Updates for Ethiopia, South Sudan, Burma, Syria, Somalia and Haiti (Updated)

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.

Labor Board Officially Replaces Joint-Employer Test

The National Labor Relations Board has published a final rule that revises its regulations to officially remove a joint-employer test issued in 2023 and replace it with a prior version of the test.
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