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If you are a TPS holder, your TPS work permit might be expiring — or soon will be. Work permits for hundreds of thousands of foreigners are coming up for renewal in rapid succession, with one Supreme Court decision confirming the government’s right to revoke Temporary Protected Status for countries such as Haiti and Syria. What’s going on, who it impacts and most importantly, what you can do now.
Quick Facts on TPS Work Permit
| What is TPS? | A national programme providing work and residency protection for citizens of countries affected by disaster/s. |
| Haiti EAD expiry | July 24 |
| The EAD has expired in Ethiopia, Myanmar, Somalia, South Sudan, Syria, and Yemen. | EAD has expired in Ethiopia, Myanmar, Somalia, South Sudan, Syria and Yemen. |
| July 17 | The total affected is for the five smaller countries. |
| ~20,000 TPS holders | |
| Who ended TPS? | The Trump administration said the conditions in the home countries have improved. |
| Supreme Court ruling | Supported the government’s decision to terminate TPS for Haiti and Syria |
| Current status | No long-term solution has yet been confirmed, with the short-term extensions being issued. |
What’s Actually Happening?
Since the 1990s, the U.S. government has been granting TPS (temporary protected status) work permits to nationals of countries suffering from war, natural disasters or other crises. The Trump administration took steps to phase out that protection one country at a time, claiming that locals in those countries were now able to make it back home.
The Supreme Court just recently ruled in favour of that stance — and the Department of Homeland Security quickly issued a message to US employers to end work authorisations for foreigners whose Temporary Protected Status is set to expire.
It’s been a mess. USCIS has been granting these extensions in short increments – most recently, July 1, then July 10, and then hours before permits were set to expire. It has caused confusion with some employers letting workers go even before extensions were issued.
It’s a message that is quite loud: these extensions are short-term fixes. The end of TPS is near.
Who Is Affected?
| Country | EAD Expiry Date |
| Haiti | July 24 |
| Ethiopia | July 17 |
| Myanmar | July 17 |
| Somalia | July 17 |
| South Sudan | July 17 |
| Syria | July 17 |
| Yemen | July 17 |
The total number of these countries is hundreds of thousands of workers in the United States affected.
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What Are Your Options?
Just because your TPS work permit is about to expire doesn’t mean that you don’t have choices; you just have to act quickly.
1. Check if you qualify for another visa See if other visas would be appropriate for you: Some TPS holders may be eligible for employment-based visas (H-1B, O-1, EB) or family-based visas (family reunification). Look at all legal avenues that you can take to come into the country.
2. It is wise to seek legal advice from an immigration lawyer since there are new immigration policies being implemented in the U.S. A lawyer can assess your unique situation and determine possible visas that you may be eligible for once the TPS is expired.
3. Do not end work prematurely – If a work permit has been extended for a short time, it may still be valid. Please check the expiration date of your EAD with USCIS before assuming that your employment will end.
4. Communicate with your employer – many employers are facing this challenge with you. Be proactive – notify HR of your condition and any extensions in order to have accurate records on file.
5. Keep an eye on USCIS announcements – USCIS TPS updates are most important. Get official notifications.
FAQ’s
Am I still able to work after my TPS has ended?
No. If your Employment Authorisation Document (EAD) is about to expire and you have not received a new one, you will no longer be able to work in the United States. Unauthorised work will have serious legal consequences.
If my employer fires me due to the expiration of TPS, what will happen?
If your TPS has actually expired, it is a legal requirement that employers maintain records of employment. If a valid extension was in place, however, terminating your employment could present additional legal issues – you should consult with a lawyer.
What about the TPS green card?
Possibly. If a TPS holder has specific family or employer sponsorship requirements and meets the entry criteria, they may be eligible to adjust their status to lawful permanent resident.
Will TPS be reinstated?
The current government administration does not indicate that they are planning to renew TPS for the affected countries. There is ongoing litigation, but no injunction is in effect.
Key Takeaways
- Nationals from Haiti, Ethiopia, Myanmar, Somalia, South Sudan, Syria, and Yemen are all set to have their TPS work permits expire.
- Short-term extensions of EAD have been approved, but not as a permanent fix.
- Investigate visa options, seek legal counsel from an immigration attorney, and stay up to date on USCIS news right away.
- Employers are ordered not to delay termination of workers’ TPS status – don’t wait.
- The Supreme Court has ruled that the government is entitled to terminate TPS, but there are steps it can take — and the clock is ticking.
