Haiti TPS Remains in Effect

News March 27, 2026

Prepared by Shiva Karimi, Immigration Practice Group Chair; Managing Director of McLane Middleton’s Boston office.

Updated on 4.1.2026

On March 6, 2026, the U.S. Court of Appeals for the D.C. Circuit allowed a lower court stay to remain in place, meaning Haiti Temporary Protected Status (TPS) beneficiaries continue to have valid employment authorization and protection from removal. On March 11, 2026, the Department of Justice asked the U.S. Supreme Court to lift the stay and to expedite review of whether the administration may terminate Haiti’s TPS designation. The Court has requested a response from challengers by March 16.

The most recent USCIS I-9 guidance, released on March 13, 2026, instructs employers to enter “as per court order” in the Expiration Date field in Section 1 of Form I-9 and “March 27, 2026” in Section 2, with a note in the Additional Information box. Employers are also advised to retain copies of the USCIS Alert and TPS Haiti webpage with the Form I-9. When completing cases in E-Verify, employers were instructed to use an expiration date of “March 27, 2026.”

At this time, Haiti’s TPS designation and related work authorization remain valid while litigation continues. Employers should continue monitoring USCIS for further updates.”

Update on 4.1.2026

When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 1, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Haiti webpages and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E‑Verify, enter the expiration date of “July 1, 2026” from the Form I-9. Check back to USCIS websites regularly for updated information.

Please also check the USCIS TPS Haiti page regularly for updates