Recent federal court rulings have temporarily preserved Temporary Protected Status (TPS) for certain countries, including Haiti, while litigation continues. For employers, this means work authorization for affected employees remains valid for now.
However, the legal landscape is evolving, and employers should understand what these rulings mean for Form I-9 compliance and workforce planning.
What Happened?
A federal judge in the District of Columbia has stayed the termination of TPS for Haitian nationals, allowing TPS protections and work authorization to continue while court proceedings move forward.
Similar court orders have affected TPS designations for nationals of other countries, including Nepal, Nicaragua, Honduras, and Sudan.
While the Department of Homeland Security is expected to appeal, TPS benefits remain in place under current court orders.
What This Means for Employers
For employers of individuals from affected TPS countries:
- Work authorization continues under the court-ordered stay
- Employees remain protected from removal during ongoing litigation
- Employers are not required to reverify based solely on the previously announced TPS termination date
This is an important compliance point. Premature reverification or adverse action could create discrimination concerns.
Form I-9 Considerations
At this time:
- Employers should not initiate reverification solely because a TPS termination date has passed
- Existing employment authorization documents should be honored under the court order
- Employers should document internally that they are relying on the applicable federal court ruling
To date, USCIS has not issued detailed guidance on how to annotate Form I-9 records in response to these stays.
Should Employers Take Any Action Now?
Employers should:
- Monitor developments, particularly any appellate rulings
- Avoid unnecessary reverification
- Ensure HR personnel understand the difference between expiration dates and court-ordered extensions
- Maintain documentation showing reliance on the court’s stay
Overreaction can create more risk than inaction.
TPS Countries Currently Affected by Litigation
As of now, court rulings have impacted TPS determinations involving nationals of:
- Haiti
- Nepal
- Nicaragua
- Honduras
- Sudan
The status of each designation depends on ongoing litigation and may change if appeals are successful.
Risk Areas Employers Should Avoid
Employers should avoid:
- Requiring new work authorization documents prematurely
- Terminating employees based solely on a previously announced TPS end date
- Applying inconsistent verification standards
Employment eligibility compliance must be handled carefully to avoid discrimination claims under federal law.
TPS Status and Work Authorization at a Glance
| Issue | Current Status |
| TPS Termination Dates | Stayed by federal courts |
| Work Authorization | Continues while litigation is pending |
| I-9 Reverification Required | No, not based solely on TPS termination date |
| USCIS Guidance Issued | Not yet |
| Appeals Expected | Yes |
Frequently Asked Questions
Do employers need to reverify TPS employees now?
No. Reverification is not required solely due to the previously scheduled TPS termination date.
Can employers take adverse action based on the original TPS end date?
No. Doing so may raise discrimination concerns.
What if the stay is lifted later?
Employers will need to follow updated DHS or USCIS guidance if the court orders change.
Should employers annotate I-9 forms now?
At present, no formal annotation guidance has been issued. Employers should monitor developments.
Are these rulings permanent?
No. They preserve TPS temporarily while litigation proceeds.
Final Takeaway
For now, TPS work authorization for affected countries continues under federal court orders. Employers should avoid premature action and closely monitor legal developments.
This remains a fluid situation, and future appeals could alter the current status.
How NPZ Law Group Can Help
NPZ Law Group advises employers on:
- I-9 compliance and reverification protocols
- Responding to changing TPS designations
- Workforce planning amid immigration litigation
- Avoiding discrimination risks
Each situation should be reviewed individually.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.