Yemen TPS Termination Stayed by Court Order: USCIS Updates Form I-9 and E-Verify Guidance
- Xavi
- May 6
- 2 min read
Updated: May 6
Washington, D.C., May 6, 2026 — U.S. Citizenship and Immigration Services (USCIS) has issued important new guidance following a federal court order that has temporarily halted the termination of Temporary Protected Status (TPS) for Yemen. The update, published on May 5, 2026, provides employers with clear instructions on how to handle Form I-9 and E-Verify for Yemeni TPS beneficiaries.
Court Order Halts TPS Termination
Yemen’s TPS designation was originally scheduled to end on May 4, 2026. However, on May 1, 2026, a judge in the U.S. District Court for the Southern District of New York issued a stay in the cases Doe v. Noem et al. (No. 26-cv-2103 and 26-cv-2280). As a result, the termination has been paused, and TPS benefits for eligible Yemeni nationals remain in effect for now.
Extended Employment Authorization
USCIS confirmed that the validity of Employment Authorization Documents (EADs) issued under Yemen’s TPS designation — with original expiration dates of March 3, 2026, September 3, 2024, or March 3, 2023 — has been extended by court order.
Updated Form I-9 and E-Verify Instructions
Employers must follow these specific instructions when completing Form I-9 and creating cases in E-Verify for Yemeni TPS holders:
On Form I-9:
In Section 1 (Employee Information): Enter “as per court order” in the Expiration Date (if any) field.
In Section 2 (Employer Review and Verification): Enter “July 1, 2026” as the expiration date.
Add a note in the Additional Information box referencing the court order.
Employers may download and attach the USCIS Alert and the TPS Yemen webpage to the Form I-9 for documentation.
In E-Verify:
Use the expiration date of July 1, 2026 as listed on the Form I-9 when creating the case.
USCIS advises employers to regularly check the official USCIS website for any further updates, as the situation may evolve. This latest guidance supersedes the previous termination announcement posted on March 3, 2026.
Background
The TPS designation for Yemen was initially granted due to ongoing armed conflict and extraordinary conditions in the country. The court’s intervention prevents the immediate loss of work authorization and protection from deportation for thousands of Yemeni nationals currently in the United States.
What Employers and TPS Holders Should Do
Update existing Form I-9 records for affected employees promptly using the new instructions.
Monitor E-Verify cases carefully to avoid mismatches.
Keep copies of the USCIS alert and court-related documents with employee records.
Continue to check the official USCIS TPS Yemen page for the most current information.
BAL and other immigration observers will continue monitoring the litigation and any further agency announcements.
More U.S. Immigration Updates: visasupdate.com/blog
This development provides temporary relief and certainty for Yemeni TPS beneficiaries and their employers. However, the underlying termination proceedings remain active, making ongoing compliance and monitoring essential.
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