USCIS Extends Placeholder Date to July 10 for Haitian TPS; Attorney General Campbell Guidance Suggests Work Authorization May Continue Beyond That Date

On July 1, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance extending the placeholder expiration date on Form I-9 from July 1 to July 10. In response, Massachusetts Attorney General Andrea Joy Campbell issued guidance to employers emphasizing that “Temporary Protected Status (TPS) designations for Haiti and Syria, and related employment authorizations, remain in place until the Supreme Court sends a certified copy of its judgment to the lower court and the federal administration issues implementation guidance." Based on the AG’s guidance immediately below, we believe that TPS-related employment authorization is likely to remain valid beyond July 10th into mid-July. Specifically:

1. The E-Verify system added July 1 as a placeholder date for termination of employment authorization in March 2026 before the Supreme Court decision. The federal SAVE database now lists July 10 as a placeholder date for termination of employment authorization. Employers should monitor for an implementation timeline on the UCSIS website.
2. The Supreme Court’s recent decision does not require immediate changes by employers. Until the certified judgment is entered, and as the UCSIS website indicates, TPS-work related authorizations remain valid.
3. The Attorney General’s Office has issued updated guidance for employers, available on its website, and will continue to monitor developments and provide additional information as appropriate.
4. Some employees may also have alternative work authorization, in addition to their TPS status, that remain in effect. Before determining if an employee is no longer eligible to work, employers are reminded to communicate directly with employees regarding any alternative work authorization the employee may possess.

At the same time, advocacy efforts to preserve TPS protections continue. Employers from across the country, including MSCA are scheduled to meet this week with the U.S. Department of Homeland Security to share the impact elimination of TPS will have on communities across the nation. In addition, the U.S. Senate is considering legislation that would extend TPS protections to 2029. Similar legislation passed the U.S. House of Representatives in April. 

Mass Senior Care has been working closely with government agencies and will continue to provide updates as available.