Labor & Employment Developments Blog

Companies with employees who are work authorized pursuant to Temporary Protected Status (TPS) are facing an unusual compliance problem. The TPS designations for El Salvador (scheduled to end September 9, 2026) and for Sudan and Ukraine (scheduled to end October 19, 2026) have passed their expiration dates without a Federal Register notice either extending or terminating them.

On Friday, July 24, 2026, the US Court of Appeals for the First Circuit denied the government's motion to put its $100,000 H-1B fee in effect while the challenge against it remains pending.

On Friday, July 17, 2026, the Department of Homeland Security (DHS) published in the Federal Register a Final Rule detailing sweeping new requirements for students who wish to maintain their status in the US. Instead of Duration of Status (D/S), DHS will now grant students a period of admission with a fixed end-date to match a student’s I-20, no more than a 4-year period. This will require students to file for extensions of status when a program takes longer than initially intended, when changing to a new program, and when completing practical training associated with their degree program.

On Thursday, June 25, 2026 the Supreme Court ruled in Mullin v. Doe that the Trump administration’s termination of Temporary Protected Status (TPS) for Haiti was lawful, meaning immigration status and work authorization approved based on TPS Haiti will expire July 1, 2026. Employers should carefully review affected I-9 documentation and reverify any I-9 set to expire.