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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. Monitor USCIS and court updates for further developments.
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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) is expected to update the Yemen TPS webpage soon with implementation details, including how to annotate Form I-9 given the court’s order. Based on prior USCIS practices, the implementation details might include a placeholder expiration date that employers will include on Form I-9.
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.