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.
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.