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Highlights
Impacted Employers: All employers with employees holding Temporary Protected Status (TPS) based on Yemen designation.
Effective Date: The Yemen TPS termination that was scheduled for May 4, 2026, but is now on hold pending litigation.
Summary: 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.
Next Steps: Continue to treat Yemeni TPS holders’ Employment Authorization Documents (EADs) as valid. Update
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The Details
On May 1, 2026, the U.S. District Court for the Southern District of New York issued an order blocking the termination of TPS for Yemen. The court’s order temporarily halts the termination while the underlying lawsuit proceeds.
It is important to note that the U.S. Supreme Court is expected to rule by July 2026 on related cases involving TPS terminations for Haiti and Syria, which could have broad implications for all TPS-related litigation, including the Yemen case.
Next Steps
Because the court’s order keeps Yemen’s TPS designation in place, Yemeni TPS holders’ work authorization remains valid.
U.S. Citizenship and Immigration Services (USCIS) provides the following Form I-9 instructions:
What this means for Forms I-766, Employment Authorization Documents (EADs):
The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Yemen with an original expiration date of Mar. 3, 2026, Sept. 3, 2024, or Mar. 3, 2023 is extended per court order.
When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 1, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Yemen webpage and attach them to Form I-9. Check USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “July 1, 2026” from the Form I-9. Check USCIS websites regularly for updated information.
The USCIS 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 USCIS 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.
If you have questions about specific employee situations or how the Supreme Court’s upcoming decision may affect your workforce, consult with an immigration or employment attorney.
We will continue to monitor developments in this case and provide updates as they become available.