Temporary Protected Status (TPS) holders from Burma, Ethiopia, and Somalia have recently seen important clarifications from USCIS regarding employment eligibility verification under Form I-9 and E-Verify. Previously, employers faced uncertainties about the validity of TPS-related work authorization documents and their interaction with E-Verify, especially in light of TPS extensions and expirations. The new guidance aims to streamline compliance and clarify employer responsibilities, reducing risks of inadvertent violations.

Before this update, many employers hesitated to accept TPS-based Employment Authorization Documents (EADs) without additional proof, or they struggled with the timing of TPS extensions and the corresponding EAD validity. This often resulted in delays or unnecessary re-verification, increasing administrative burden and risk of non-compliance. USCIS now provides clearer instructions on accepting TPS EADs during validity periods and outlines specific procedures for E-Verify cases involving TPS beneficiaries.

From our practice representing corporate clients hiring foreign executives and investors, this update is particularly relevant to companies employing TPS holders who may also hold or transition to other visa statuses like L-1, H-1B, or O-1. Ensuring accurate I-9 completion and E-Verify responses is critical to avoid USCIS or ICE audits, which could impact overall immigration petition credibility.

Key actionable points include: 1) Employers should immediately review all TPS employee documentation to confirm EAD validity dates and TPS status as per the updated USCIS guidance; 2) For E-Verify, follow the clarified procedures for case creation, updates, and tentative non-confirmations (TNCs) involving TPS beneficiaries. This avoids unnecessary case closures or repeated verifications.

Important Notice
8 CFR §274a.2(b)(1)(v)(A) governs the acceptance of EADs for employment eligibility. The updated USCIS policy reiterates that TPS EADs issued under category A12 should be accepted as valid work authorization during their validity periods. Employers must document this carefully and avoid prematurely terminating employment based on TPS status changes unless the EAD expires without renewal.

In a recent case, one of our clients, a mid-sized tech firm in New York, faced a TNC for a Somali TPS employee during E-Verify. Prior to the update, the firm hesitated, resulting in delayed case resolution and employee anxiety. Applying the new USCIS guidance, we assisted in timely case updates and communication with USCIS, successfully clearing the TNC without employment interruption.

Attorney Insight
In conclusion, employers of TPS beneficiaries from Burma, Ethiopia, and Somalia should: (1) audit current employee I-9 and E-Verify records against the new guidance; (2) train HR teams on the updated verification process to ensure compliance; (3) maintain documentation of TPS status and EAD validity to withstand potential USCIS or DHS audits. From our experience, proactive compliance reduces risk and supports smoother immigration transitions for impacted employees.

This means if you employ or plan to hire TPS holders from these countries, now is the time to update your internal procedures and avoid common pitfalls observed in prior USCIS audits. Doing so protects your workforce stability and your company’s immigration standing.