Employers whose employees rely on Temporary Protected Status (TPS)-based work authorization continue to face significant uncertainty as litigation and agency guidance evolve in real time. Over the last several weeks, employers have been navigating two significant developments affecting employment authorization: ongoing court proceedings involving Haiti TPS and separate litigation concerning

Continue Reading More Turmoil as Courts Preserve Temporary Relief: USCIS Updates Haiti, Somalia, and Syria Instructions While 540-Day EAD Litigation Continues

By: Samantha L. BrooksChristopher J. DeGroff, and Andrew L. Scroggins

Seyfarth Synopsis: In a critical development, the EEOC has officially replaced its Strategic Enforcement Plan (SEP) for Fiscal Years 2024–2028 with a new National Enforcement Plan (NEP) for Fiscal Years 2025–2029, signed by Chair Andrea R. Lucas

Continue Reading Same Agency, New Targets: What the EEOC’s New National Enforcement Plan Really Means for Employers

In our recent post on Through the Immigration Lens, we discussed the uncertainty created after the district court’s December 31, 2025 decision restoring Temporary Protected Status (TPS) for beneficiaries from Honduras, Nepal and Nicaragua, and the resulting confusion for employers attempting to navigate Form I-9 compliance. The court decision

Continue Reading TPS Pendulum Swings as the Ninth Circuit Sides with DHS and Restores Certain Terminations

By: Dawn M. Lurie, Alexander J. Madrak, and Selene Malench*

This blog post was first published as an alert.

A wave of last-minute litigation aimed at stopping Temporary Protected Status (TPS) terminations is driving rapid, high-impact updates on the US Citizenship and Immigration Services (USCIS) TPS webpages.

Continue Reading Litigation-Driven Extensions: USCIS TPS Pages Updated, End Dates TBD

A federal District Judge in Washington, D.C. has issued a ruling affecting hundreds of thousands of Haitian Temporary Protected Status (TPS) holders and the employers who rely on them. On February 2, 2026, the court granted a stay blocking the Department of Homeland Security’s (DHS) attempt to terminate Haiti’s TPS

Continue Reading Late Minute Reprieve: Court Halts Haiti TPS Termination

By: Dawn M. Lurie, Alexander J. Madrak, and Selene Malench*

On December 31, 2025, a federal court ruled that the Trump administration unlawfully ended Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua. This decision restored protections for approximately 60,000 TPS holders. As expected, the government has

Continue Reading TPS Is Back-ish for Honduras, Nepal and Nicaragua: I-9s In Limbo

After trying to keep the system up despite the government shutdown, on October 1, U.S. Citizenship and Immigration Services (USCIS) suspended E-Verify services. Tonight, October 7, the system was brought back online. It is unclear how long it will remain operational, or how USCIS managed to restore access during the

Continue Reading E-Verify is Back Baby: System is Now Operational Despite Government Shutdown

By: Dawn Lurie, Alexander Madrak, and Matthew Parker*

A Morning of Uncertainty

Employers awoke this morning to news of a federal government shutdown, prompting immediate concern over employment authorization compliance. Chief among those concerns: the availability of E-Verify. Questions like “Will E-Verify remain online?” “What happens to my

Continue Reading USCIS Suspends E-Verify Amid Government Shutdown

In a summer of sweeping immigration updates, the Big Beautiful Bill appear to now reshape how employers manage Form I-9 compliance for Temporary Protected Status (TPS) beneficiaries. On July 22, 2025, the Federal Register published a rule implementing provisions from the HR 1 reconciliation bill, shortening the validity of TPS-related

Continue Reading TPS EADs: The New One-Year Limit & What Employers Need to Know After the Big Beautiful Bill

The Trump administration is one step closer to unveiling a major change in how H-1B visas are allocated. On August 8, the White House’s Office of Information and Regulatory Affairs (OIRA) signed off on a proposed rule that could significantly reshape the selection process for specialty occupation workers.

While the

Continue Reading H-1B Visa Rule Moves Closer to Release: Wage-Based Selection Likely