[co-author: Selene Malench]*
On January 28, 2026, the Ninth Circuit Court of Appeals issued a decision addressing Department of Homeland Security (DHS) actions related to Temporary Protected Status (TPS) for Haiti and Venezuela. As of now, the decision does not change current TPS or work authorization expiration dates – there are no new extensions and no early terminations. That said, a District Court judge in Washington D.C. is expected to rule any day now on a separate request to pause the termination of TPS protections for Haiti.
When Does TPS-Related Work Authorization Documentation Expire?
Haiti: TPS-related work authorization remains valid through February 3, 2026.
Venezuela: TPS-related work authorization has ended for most TPS Venezuela beneficiaries. US Citizenship and Immigration Services (USCIS) has noted that TPS beneficiaries who received TPS-related employment authorization documents (EADs), Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025 will maintain work authorization and their documentation will remain valid until October 2, 2026, pursuant to the U.S. District Court for the Northern District of California’s order dated May 30, 2025. This does not impact the large majority of TPS Venezuela recipients whose work authorization has ended.
What Should Employers Do Now?
For TPS Haiti, employers should continue to plan to reverify their TPS Haiti workforce by February 3, 2026. No additional employer action is required based on the court decision. We are continuing to monitor the situation and will advise if there are further updates.
*Case Assistant
