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ASAP

Determining Work Authorization for Employees on TPS and Humanitarian Parole

By Jorge Lopez and Tasneem Zaman

  • 11 minute read

Updated August 7, 2026, to include updates for El Salvador, Ethiopia, Haiti, Somalia, South Sudan, Sudan, Syria, and Ukraine.

The Trump administration has enacted significant policy changes impacting individuals authorized to work under various immigration programs, including Temporary Protected Status (TPS), humanitarian parole, and the CHNV programs. The chart below is intended to assist employers in determining the work authorization status of employees who have presented an Employment Authorization Document (EAD) issued by the Department of Homeland Security (DHS) under one of these programs.

Note: Several federal lawsuits are currently pending across the United States, challenging the government’s decision to terminate these programs. As a result, the information provided here is subject to change based on the outcomes of these legal proceedings. 

Temporary Protected Status (TPS)

TPS is a humanitarian protection program that shields individuals from deportation to countries experiencing armed conflict, environmental disasters, or other extraordinary and temporary conditions. The U.S. government designates countries for TPS based on current conditions, and the secretary of Homeland Security has the discretion to extend or terminate such designations. While the decision to designate or terminate TPS is generally not subject to judicial review, administrative actions related to TPS may still be challenged in court. "No Further Designation" indicates that the U.S. government has concluded that the original conditions necessitating temporary protection are no longer present, thus terminating the TPS protection for individuals from a particular country. There are some “Placeholder Dates” of July 1, 2026, which have been included in the chart below for certain countries based on recent federal court decisions for TPS Terminations. This date has been randomly selected by the USCIS until further updates and may be subject to change.

On March 13, 2026, USCIS published a notice on its website clarifying the 540-day extension automatic extension section in H.R.1. The clarification reduces the 540-day automatic extension, which was still applicable to EAD renewals submitted on or before July 21, 2025, under the TPS designation. The USCIS indicates that any part of the 540-day extension that extends beyond July 22, 2025, cannot exceed one year from that date or the duration of the TPS designation period, whichever is shorter.

Humanitarian Parole

Humanitarian parole may be granted to individuals of any nationality who meet specific eligibility criteria. As of April 30, 2025, DHS began issuing email notifications of intent to revoke employment authorization within 15 days to individuals paroled into the United States following a CBP One appointment and who had previously received notice of parole termination. Until such notifications are issued, parole status may remain valid.

CHNV Programs

CHNV refers to four country-specific humanitarian parole programs for nationals of Cuba, Haiti, Nicaragua, and Venezuela, allowing eligible individuals to enter and remain in the United States for up to two years based on urgent humanitarian need or significant public benefit. The CHNV programs were terminated by the Trump administration, and this action was upheld by the U.S. Supreme Court in a ruling issued on May 30, 2025.

Country

TPS Expiration Date

TPS EAD Codes

TPS-Related EADs

Humanitarian Parole Notes

Parole EAD Code

AfghanistanJuly 21, 2025 (Expired)A(12) & C(19)EAD expires when TPS endsSuspended. On 11/27/2025 USCIS issued a Policy Alert to suspend adjudication of all discretionary benefits for all 19 Travel Ban Countries. EAD Code C(11)
Burma (Myanmar)TPS was temporarily extended by court order of January 23, 2026. Based on the June 25, 2026, Supreme Court ruling in Mullin v. Doe, the lower court will have to issue a final decision on the matter. DHS terminated TPS designation for Burma effective January 26, 2026.A(12) & C(19)Expiration date updated to August 3, 2026, from July 27, 2026, by USCIS. Please note that these updates are subject to modification until there is a final decision issued by the court. Employers can check I-9 Central for press releases on agency updates. 
 
Parole terminated if notification received from DHS. EAD Code C(11)
Cameroon (no further designation)August 4, 2025 (Expired)A(12) & C(19)EAD expired on August 4, 2025Parole terminated if notification received from DHS. EAD Code C(11)
CubaN/AA(12) & C(19)N/ACHNV status terminated.  
 
EAD is no longer valid. 
EAD Code C(11)
El SalvadorSeptember 9, 2026A(12) & C(19)As a result of the U.S. District Court for the District of Massachusetts order on August 5, 2026, TPS beneficiaries from El Salvador, who had received 540-day automatic EAD extensions, are subject to the one-year validity limitation, notwithstanding prior extension end dates of August 31, 2026. TPS-related EADs showing a facial expiration date of 03/09/2025 are authorized to work through 07/22/2026. Parole terminated if notification received from DHS. EAD Code C(11)
EthiopiaTemporary extended based on federal court order of January 30, 2026. TPS Designation termination announced – effective February 13, 2026.A(12) & C(19)Expiration date updated to July 30, 2026, by USCIS. Please note that these updates are subject to modification until there is a final decision issued by the court. Employers can check I-9 Central for press releases on the updates. If the foreign national is already an employee and the I-9 has been updated to include a notation about the extension of TPS work authorization per court order, the employer is not required to keep updating based on the expiration dates provided by USCIS.Parole terminated if notification received from DHS.EAD Code C(11)
Haiti (TPS designation terminated)TPS terminated. On June 25, 2026, the U.S. Supreme Court issued a decision on TPS for Haiti and Syria removing all judicial obstacles to the administration’s TPS terminations. Mullin v. Doe, No. 25-1083. Given the SCOTUS decision, the lower courts need to lift the injunctions enabling work authorization to end, which could take approximately 32 days.A(12) & C(19)

On August 5, 2026, the U.S. District Court for the District of Columbia held that its prior order staying the Department of Homeland Security's termination of Haiti's Temporary Protected Status (TPS) designation was no longer in effect following the Supreme Court's reversal of the court's February 2, 2026, decision and the D.C. Circuit's subsequent remand. As a result, the court's injunction blocking the TPS termination was lifted, while the underlying litigation remains ongoing.

As of July 29, 2026, USCIS posted the following: “Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS Haiti beneficiaries are no longer valid. Employers completing Form I-9 must reverify TPS Haiti beneficiaries who presented these EADs and cannot continue to employ a person who does not provide proof of current employment authorization.

Beginning June 12, 2025, DHS issued notifications officially ending the CHNV Humanitarian Parole Program. 
 
EAD is no longer valid. 
EAD Code C(11)
Honduras (no further designation)September 8, 2025A(12) & C(19)Expired on September 8, 2025. **Parole terminated if notification received from DHS. EAD Code C(11)
LebanonNovember 27, 2026A(12) & C(19)EAD auto-extended until November 27, 2026Parole terminated if notification received from DHS. EAD Code C(11)
Nepal (no further designation)August 20, 2025 A(12) & C(19)EAD expired on August 5, 2025. However, the validity of Employment Authorization Documents (EADs) issued under the TPS designation of Nepal with an original expiration date of June 24, 2018, June 24, 2019, March 24, 2020, Jan. 4, 2021, Oct. 4, 2021, Dec. 31, 2022, June 30, 2024, and June 24, 2025, is extended per court order. National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.) **Parole terminated if notification received from DHS. EAD Code C(11)
Nicaragua (no further designation)September 8, 2025 A(12) & C(19)Expired on September 8, 2025. However, the validity of Employment Authorization Documents (EADs) issued under the TPS designation of Nicaragua with an original expiration date of Jan.5, 2018, Jan. 5, 2019, April 2, 2019, Jan. 2, 2020, Jan. 4, 2021, Oct. 4, 2021, Dec. 31, 2022, June 30, 2024, and July 5, 2025 is extended per court order. National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.) **Beginning June 12, 2025, DHS issued notifications officially ending the CHNV Humanitarian Parole Program. 
 
EAD is no longer valid. 
EAD Code C(11)
SomaliaExtended per court order of March 13, 2026. Original termination date March 17, 2026. A(12) & C(19)USCIS has been updating the “expiration date” to be used when completing Form I-9 and E-Verify for TPS Somalia. As of August 5, 2026, the current expiration date to reference is August 10, 2026. Please note that these updates are subject to modification until there is a final decision issued by the court. Employers can check I-9 Central for press releases on the updates. If the foreign national is already an employee and the I-9 has been updated to include a notation about the extension of TPS work authorization per court order, the employer is not required to keep updating based on the expiration dates provided by USCIS.Parole terminated if notification received from DHS. EAD Code C(11)
South SudanJanuary 5, 2026. A federal court in MA granted an interim stay of the termination of the TPS for South Sudan; therefore, it may be extended. Appeals from the government are likely to lift the stay.A(12) & C(19)USCIS has been updating the “expiration date” to be used when completing Form I-9 and E-Verify for TPS South Sudan. As of July 30, 2026, the current expiration date to reference is August 6, 2026. These updates are periodic and until there is a final decision issued by the court, we recommend checking I-9 Central for press releases on the updates. Please note that if the foreign national is already an employee and the I-9 has been updated to include a notation about the extension of TPS work authorization per court order, the employer is not required to keep updating based on the expiration dates provided by USCIS.  Parole terminated if notification received from DHS. EAD Code C(11)
SudanOctober 19, 2026A(12) & C(19)As a result of the U.S. District Court for the District of Massachusetts order on August 5, 2026, TPS beneficiaries from Sudan, who had received 540-day automatic EAD extensions, are subject to the one-year validity limitation, notwithstanding prior extension end dates. EADs issued under the TPS designation of Sudan with an original expiration date of Nov. 3, 2023, May 3, 2025, or Nov. 3, 2025, are extended per court order.  Placeholder date of July 1, 2026 (based on Update on Termination of Temporary Protected Status for South Sudan (Release: April 10, 2026) | USCIS) issued under the TPS designation of South Sudan with an original expiration date of November 3, 2023, May 3, 2025, or November 3, 2025, is extended per court order. EAD Code C(11)
SyriaTPS terminated. Supreme Court terminated the TPS designation for Syria on June 25, 2026, by a vote of 6-3 in Mullin v. Doe, No. 25-1083. A(12) & C(19)TPS terminated. As of July 29, 2026, USCIS posted the following “Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS Haiti beneficiaries are no longer valid. Employers completing Form I-9 must reverify TPS Syria beneficiaries who presented these EADs and cannot continue to employ a person who does not provide proof of current employment authorization.”Parole terminated if notification received from DHS. EAD Code C(11)
UkraineActive - October 19, 2026A(12) & C(19)As a result of the U.S. District Court for the District of Massachusetts order on August 5, 2026, TPS beneficiaries from Ukraine who had received 540-day automatic EAD extensions, are subject to the one-year validity limitation, notwithstanding prior extension end dates. U4U Program is still valid and has not been terminated. EAD Code C(11)
Venezuela (no further designation)2023 TPS designation ended on April 7, 2025. 
 
2021 TPS designation ended on November 7, 2025.*
A(12) & C(19)TPS beneficiaries who received their EADs by February 5, 2025, with an expiration of October 2, 2026, will retain their status and valid EADs.
  
TPS Venezuela beneficiaries who have been issued TPS-related EAD with a "Card Expires" date of April 2, 2025, and have a timely filed renewal application with a Receipt (Form I-797) dated on or before February 5, 2025, will have their employment authorization automatically extended for a period of up to 540 days, i.e., September 24, 2026.
  
TPS Venezuela beneficiaries who have been issued a TPS-related EAD card with an expiration date of 3/10/2024, 9/10/2025, 4/2/2025 and 9/9/2022, and have a timely filed renewal application with a Receipt (Form I-797) prior to the expiration of the EAD, will have their employment authorization automatically extended through November 7, 2025.* 
 
Beginning June 12, 2025, DHS issued notifications officially ending the CHNV Humanitarian Parole Program. 
 
EAD is no longer valid. 
EAD Code C(11)
YemenTPS was temporarily extended through a federal court order blocking termination. Based on the June 25, 2026, Supreme Court ruling in Mullin v. Doe, the lower court will have to issue a final decision on the matter. A(12) & C(19)Expiration date updated to July 24, 2026, by USCIS. Please note that these updates are subject to modification until there is a final decision issued by the court. Employers can check I-9 Central for press releases on agency updates. Parole terminated if notification received from DHS. EAD Code C(11)

*Based on publication in the Federal Register on September 8, 2025 pursuant to announcement of the termination of the 2021 TPS designation for Venezuela by the DHS Secretary on September 3, 2025. On December 10, 2025, a federal court in CA determined that the termination of both the 2021 and 2023 TPS for Venezuela was unlawful. However, due to the previous October 3, 2025 Supreme Court order lifting orders blocking termination of the Venezuelan TPS, the status of the Venezuelan TPS remains terminated until the pending legal challenges are decided. 

On September 5, 2025, a federal court determined that the DHS secretary violated the APA regulations by terminating the TPS 2023 designations for Venezuela. Pursuant to the October 3, 2025 Supreme Court order lifting orders blocking termination of the Venezuelan TPS, the status of the Venezuelan TPS remains terminated until the pending legal challenges are decided. 

**On February 9, 2026, the Ninth Circuit Court of Appeals stayed the district court’s order finding the government is likely to succeed on the merits of the appeal. Work authorization and designation terminated. National TPS Alliance et al v. Noem et al. On December 31, 2025, U.S. District Judge Trina Thompson issued a significant nationwide injunction, voiding the Department of Homeland Security’s (DHS) previous decision to terminate Temporary Protected Status (TPS) for approximately 60,000 to 89,000 nationals from Honduras, Nepal, and Nicaragua.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.

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