USCIS Guidance: Haiti TPS-based EADs No Longer Valid, Immediate Reverification Required

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As the lower courts continue to process the Supreme Court's decision, USCIS has issued additional employment authorization guidance for employers of Haitian TPS holders, requiring immediate action with no stated grace period.

The U.S. Citizen and Immigration Service (USCIS) on July 29, 2026 issued additional guidance restating that temporary protected status (TPS) for Haiti is terminated effective July 27 and further informing employers that all associated Employment Authorization Documents (EADs) are no longer valid:

"Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS Haiti beneficiaries are no longer valid.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."(emphasis in original)

What this means for employers:

• Forms I-766 (EADs) with category A12 or C19 issued to TPS Haiti beneficiaries are no longer valid, effective immediately.
• Employers must reverify any employee who presented an EAD bearing one of these codes for Form I-9 purposes.
• Employers cannot continue to employ anyone who does not provide proof of current employment authorization.

Recommended next steps: If you have not done so already immediately identify any employees with TPS Haiti-based A12/C19 EADs on file and begin reverification, documenting all actions taken.

You may wish to direct affected employees to immigration counsel to explore other pathways (pending adjustment of status, other EAD categories, family-based petitions, etc.), but employees unable to present alternative valid work authorization at this time cannot continue in active employment status.

We know this is a difficult time for LeadingAge member's employees and communities. LeadingAge will continue monitoring related litigation and agency action and will issue further guidance as warranted.