Notes for TPS Employment Vertification
Practical Notes for EmployersNo reverification needed immediately:
1. Do not require new documents unless/until a future change (e.g., appeal overturning the vacatur or new termination).
2. Beneficiaries can apply for new/renewed EADs through USCIS under the restored designations, which would show updated validity.
3. DHS/USCIS has not yet issued specific Federal Register notice guidance for automatic EAD extensions in this exact scenario (as of early January 2026), but the vacatur's effect is to treat the terminations as never having occurred.
4. Monitor USCIS TPS country pages and Federal Register for updates, as the government may appeal and seek a stay.
This restoration prevents gaps in work authorization, allowing employees to continue using their existing (even facially "expired") TPS EADs as List A documents for Form I-9 purposes.
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