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E-Verify issues new Form I-9 instructions after court extends TPS work authorization for six countries

Jul 21, 2026
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E-Verify issues new Form I-9 instructions after court extends TPS work authorization for six countries
Corporate immigration teams face another round of paperwork updates after E-Verify quietly published revised guidance on July 17, clarifying how employers should complete Form I-9 for Temporary Protected Status (TPS) holders from Burma (Myanmar), Somalia, Syria, South Sudan, Yemen and Ethiopia. The update, highlighted in an Envoy Global alert released today, replaces provisional instructions circulated on July 10 and reflects court-ordered extensions of employment authorization while litigation over TPS termination continues. Under the guidance, employers must write “as per court order” in Section 1 of Form I-9 and use newly prescribed expiration dates—ranging from July 24 to July 30, 2026—in Section 2. Similar dates must be entered when creating or updating E-Verify cases. Failure to follow these conventions can trigger tentative non-confirmations, risking work interruption for affected employees. The Department of Homeland Security previously announced plans to wind down TPS for the six countries, but federal lawsuits have put the terminations on hold. Until final decisions are issued, court injunctions effectively extend existing Employment Authorization Documents (EADs). The resulting patchwork of validity dates has created compliance headaches for HR departments trying to avoid discrimination while meeting strict verification timelines. Multinational employers with large U.S. workforces should audit their I-9 files this week and generate tickler reminders for the newly listed expiration dates. Companies using vendor-managed on-boarding systems need to ensure that software templates capture the “court order” notation and do not default to outdated automatic extensions. Because the guidance could change again if the underlying litigation evolves, mobility managers should subscribe to USCIS and E-Verify alerts and budget for additional reverification cycles. Beyond immediate compliance, the episode underscores how courtroom battles over TPS designations can ripple into everyday HR operations. Organizations employing nationals from politically unstable regions should anticipate last-minute changes and maintain close communication with counsel to minimize business disruption.
Source: Envoy Global

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