Two More Down As The Bell Continues To Toll For TPS

Just hours after publication of our earlier alert, USCIS issued updated guidance confirming that Temporary Protected Status (TPS) for both Burma (Myanmar) and South Sudan is terminated effective August 7, 2026. USCIS stated that TPS-based Employment Authorization Documents (EADs) issued under categories A12 and C19 for beneficiaries from both countries are no longer valid, and employers must reverify affected employees who previously presented those documents.

The announcements supersede all prior USCIS guidance issued allowing for the use of “placeholder dates” for Form I-9 and E-Verify purposes and allowing for employment authorization while litigation remained pending. USCIS now instructs that employers may not continue employment based on TPS-issued A12 or C19 EADs for Burma or South Sudan absent proof of an alternative form of valid work authorization.

With these developments, Burma and South Sudan join Haiti, Syria, and Yemen among the TPS designations that USCIS currently considers terminated for employment authorization purposes.

Bottom line: The practical effect of today’s USCIS announcements is that employers with TPS beneficiaries from Burma or South Sudan should begin reverification efforts immediately, as TPS-issued A12 and C19 EADs from those countries are no longer valid for employment authorization purposes according to USCIS.

Employers should promptly identify affected employees, request proof of continuing work authorization, and document any updated work authorization presented. If an employee is unable to establish continuing employment authorization, employers should follow their normal procedures for employees who cannot satisfy Form I-9 employment authorization requirements. Depending on the employer’s policies and practices, that may include suspension or termination of employment. As with any reverification process, employers should apply their policies consistently to avoid creating discrimination concerns.