TPS Work Authorization Update: July 22, 2026 Deadline for Certain EAD Auto-Extensions
TPS Work Authorization Update: July 22, 2026 Deadline for Certain EAD Auto-Extensions
TPS beneficiaries and employers should be aware of an important change affecting TPS-based Employment Authorization Documents, or EADs.
The “One Big Beautiful Bill Act” was signed into law on July 4, 2025, and includes a provision that takes effect on July 22, 2026. Together with the Interim Final Rule, Removal of the Automatic Extension of Employment Authorization Documents, issued on October 30, 2025, the change limits the length and availability of automatic extensions for TPS-based EADs.
As a result, many TPS holders with EADs in categories A12 and C19 may lose work authorization by July 22, 2026.
How TPS EAD Extensions May Work
According to USCIS, qualifying TPS beneficiaries may have their TPS-based EAD automatically extended in several ways:
- By a Federal Register Notice specific to the TPS country.
- By an individual USCIS notice, usually Form I-797, Notice of Action.
- Through certain TPS-based renewal EAD applications filed before October 30, 2025.
- Through timely filed Form I-765 renewal applications, if all required conditions were met.
Before the October 30, 2025 interim final rule, some TPS-based EAD renewal applicants could receive an automatic extension of up to 540 days if they timely filed Form I-765 and met the required conditions.
Why the July 22, 2026 Date Matters
For TPS beneficiaries who filed or had pending TPS-based EAD renewal applications before July 22, 2025, and relied on automatic extension rules, USCIS guidance states that their auto-extended work authorization expires on July 22, 2026.
This applies even if the Form I-797C receipt notice refers to a longer 540-day automatic extension. Under the OBBBA, TPS-based automatic extensions are limited to one year from July 22, 2025, or the duration of TPS, whichever is shorter.
For TPS-based EAD renewals filed on or after July 22, 2025, and before October 30, 2025, the EAD is extended for one year past the “Card Expires” date on the EAD, or the duration of TPS, whichever is shorter. The 540-day automatic extension no longer applies, even if it is listed on the I-797C receipt notice.
The one-year auto-extension may also be cut short by the termination of TPS designations for certain nationalities.
Examples to Watch
For certain TPS beneficiaries whose EAD renewal applications were timely filed before July 22, 2025:
- El Salvador: A March 9, 2025 EAD that would otherwise extend to August 31, 2026 ends on July 22, 2026, if no new EAD is issued before then.
- Sudan: An April 19, 2025 EAD that would otherwise extend to October 19, 2026 ends on July 22, 2026, if no new EAD is issued before then.
- Ukraine: An April 19, 2025 EAD that would otherwise extend to October 19, 2026 ends on July 22, 2026, if no new EAD is issued before then.
Work authorization for certain TPS-designated countries may continue based on pending litigation and court orders, including Burma/Myanmar, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen.
For Venezuela, the U.S. Supreme Court allowed termination of the 2023 Venezuela TPS designation to take immediate effect on October 3, 2025. However, certain TPS beneficiaries with TPS-related EADs, Forms I-797, Notices of Action, or Forms I-94 issued with October 2, 2026 expiration dates on or before February 5, 2025, will maintain work authorization and documentation validity until October 2, 2026, under the U.S. District Court for the Northern District of California’s May 30, 2025 order.
Employer Compliance Steps
Employers should review their workforce and identify Form I-9 records involving EADs affected by these automatic extension rules.
Employers should also:
- Identify TPS-based EADs in categories A12 and C19.
- Complete I-9 reverification for affected employees no later than July 22, 2026.
- Watch for E-Verify status report updates referencing EAD-based work authorization expiring on July 22, 2026.
Speak With Experienced Immigration Counsel
These changes are technical and may affect both employees and employers. TPS beneficiaries should review their work authorization documents and pending applications carefully. Employers should review I-9 compliance obligations before the July 22, 2026 deadline.
Pollack, Pollack, Isaac & DeCicco, LLP advises individuals, families, and employers on TPS, employment authorization, I-9 compliance, and complex immigration matters.
To schedule a consultation, call 212-233-8100.
Source: AILA Practice Pointer, “540 Day TPS EAD Auto-Extensions Cut Short by OBBBA,” AILA Doc. No. 26072002, posted July 20, 2026.
