U.S. Citizenship and Immigration Services (USCIS) has announced an important update affecting employees working under Temporary Protected Status (TPS) for Haiti.

Originally, Haiti’s TPS designation and related employment authorization were scheduled to terminate on February 3, 2026. However, on February 2, 2026, the U.S. District Court for the District of Columbia issued an order halting the termination of Haiti’s TPS designation. As a result, employment authorization for Haitian TPS beneficiaries remains valid at this time.

New Employment Authorization Date for I-9 and E-Verify Purposes

USCIS has instructed employers to use March 15, 2026 as the expiration date when completing Form I-9 and E-Verify for TPS beneficiaries from Haiti, based on the court order.

According to USCIS guidance:

• When completing Form I-9, employers should enter “as per court order” in Section 1 and March 15, 2026 in Section 2, along with a notation referencing the court order.
• When completing E-Verify, employers should use March 15, 2026 as the expiration date.
• USCIS also notes that employers may attach supporting documentation, such as the USCIS alert or TPS Haiti webpage, to the employee’s Form I-9.

It is important to note that while the court order halted the termination of TPS, it did not specify a new expiration date. USCIS has designated March 15, 2026 as an interim date for employment verification purposes.

Important Note on Temporary Nature of the Date

The court order halted the termination of TPS but did not specify a definitive new expiration date. USCIS has administratively designated March 15, 2026 as an interim date for employment verification purposes. Additional guidance or extensions may be issued depending on ongoing legal proceedings.

Employer Discretion and Legal Considerations

The handling of Form I-9 updates for existing employees may depend on each employer’s internal compliance policies and legal guidance. HCAF encourages members to consult with qualified legal counsel or HR compliance professionals to determine the appropriate course of action based on their specific circumstances.

Additional Information

USCIS has indicated that employers should continue monitoring official USCIS communications for further updates as legal proceedings and federal guidance evolve.

HCAF is sharing this update for informational purposes only and will continue to keep members informed of developments affecting the home care workforce.

This update is provided courtesy of Littler Mendelson P.C., the world’s largest employment and labor law practice devoted exclusively to representing management and a valued HCAF Associate Member.