E‑Verify Issues New TPS Haiti Guidance

Key Point  

• Following a court‑ordered stay of the TPS Haiti termination, E‑Verify has issued updated instructions for employers. 

Temporary Protected Status for Haitian Nationals 

E‑Verify has released updated instructions for employers after the U.S. District Court for the District of Columbia issued an order staying the termination of Temporary Protected Status (TPS) for Haiti. Haiti’s TPS designation had been scheduled to end on February 3, 2026, but the court’s order in Miot et al. v. Trump temporarily preserves TPS and employment authorization while litigation continues.

Background on Temporary Protected Status for Haiti 

The Department of Homeland Security previously determined that Haiti no longer met the statutory conditions for TPS, and the designation was set to terminate on February 3, 2026. On February 2, 2026, the U.S. District Court for the District of Columbia issued a stay, preventing the termination from taking effect. As a result, Haitian TPS beneficiaries continue to hold TPS and related work authorization during the court‑ordered pause.  

Updated Form I‑9 and E‑Verify Instructions 

E‑Verify directs employers to follow these steps when completing Form I‑9 for employees with TPS‑related Employment Authorization Documents (EADs): 

• Section 1: Employees should enter “as per court order” in the expiration date field. 
• Section 2: Employers must enter “July 1, 2026” as the expiration date and add a note in the Additional Information box. 
• E‑Verify cases: When creating a case, employers should also use July 1, 2026, as the document expiration date.  

Validity of Haitian TPS EADs 

Because of the court order, certain Haitian TPS EADs remain valid for work even if the printed expiration date has already passed. This includes EADs with original expiration dates of: 

• February 3, 2026 
• August 3, 2025 
• August 3, 2024 
• June 30, 2024 
• February 3, 2023 
• December 31, 2022 
• October 4, 2021 
• January 4, 2021 
• January 2, 2020 
• July 22, 2019 
• January 22, 2018 
• July 22, 2017 

These EADs should be treated as valid through the court‑ordered extension date.  

Employers may download and retain the E‑Verify alert and TPS Haiti webpages with Form I‑9 documentation. 

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