USCIS Updates Work Permit Validity for TPS Holders from Burma and Somalia Amid Legal Challenges

The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance on the validity of work permits for individuals holding Temporary Protected Status (TPS) from Burma and Somalia. These extensions stem from court rulings that have temporarily suspended the termination of the TPS program for citizens of both nations.

Initially, the Department of Homeland Security (DHS) had announced the end of TPS for Burmese and Somali nationals, citing that the conditions justifying the protection were no longer present. The program was set to conclude on January 26 for Burma and March 17 for Somalia. This decision included a 60-day transition period for beneficiaries to adjust their immigration status or explore other legal alternatives, with an automatic extension of Employment Authorization Documents (EADs) during this time.

However, federal courts intervened, issuing orders that temporarily halted the TPS cancellations. Consequently, USCIS released new instructions on August 3 regarding EAD validity. For beneficiaries from Burma, work permits originally expiring on specific dates are now valid until August 7. Employers are instructed to record this new expiration date on Form I-9 and in E-Verify, while employees must note "as ordered by the court" in the relevant section. This remains in effect pending further court decisions.

Similarly, for Somalia, USCIS has extended the validity of EADs that originally expired on different dates, with the new validity date set for August 5. Employers and employees are to follow the same procedure as for Burmese beneficiaries, indicating "as ordered by the court." These extensions are in place due to a judicial order from the U.S. District Court for the District of Massachusetts, and will remain valid until aligned with a Supreme Court decision.