Affects TPS Holders from Ukraine, El Salvador, Sudan and Possibly Beyond
On July 21, 2026, the U.S. District Court for the District of Massachusetts issued an administrative stay that temporarily blocks portions of recent U.S. Citizenship and Immigration Services (USCIS) policies that retroactively shortened the validity of certain Employment Authorization Documents (EADs), commonly known as work permits, for Temporary Protected Status (TPS) beneficiaries. The court’s order preserves previously granted employment authorization while litigation challenging those policies continues.
The lawsuit, Venezuelan Association of Massachusetts v. USCIS, challenges USCIS policies that retroactively reduced automatic employment authorization extensions and shortened the validity of certain TPS-based EADs. According to the plaintiffs, TPS beneficiaries who timely filed EAD renewal applications during the January 17, 2025, through March 18, 2025, re-registration period were informed by USCIS that they qualified for 540-day automatic extensions of employment authorization while their renewal applications remained pending.
The litigation focuses primarily on TPS beneficiaries from Ukraine, El Salvador and Sudan, who relied on USCIS notices confirming automatic extensions of their employment authorization. However, the court’s ruling is not limited to a particular nationality. Rather, it temporarily stays the retroactive application of the challenged EAD expiration policies and may affect similarly situated TPS beneficiaries whose TPS-related employment authorization was shortened under those policies. Whether the court’s order applies to a particular individual will depend on that person’s TPS history, filing dates, EAD category and USCIS notices or receipts.
The court temporarily stayed the “retroactive application of EAD expiration deadlines” and ordered that “any EAD previously extended shall maintain its prior expiration date” pending further review of the case. The court noted many TPS holders faced the possibility of losing work authorization on July 22, 2026, and determined temporary relief was appropriate while it considers the underlying legal issues.
Can I Continue Working?
For some TPS beneficiaries, the answer may be yes. As a result of the court’s order, certain TPS holders who were told that their work authorization would expire on July 22, 2026, because of the challenged USCIS policies may continue to benefit from their previously granted EAD extensions while the court considers the case. Whether a particular individual qualifies for this relief will depend on that person’s TPS history, filing dates, EAD category and USCIS notices or receipts. Individuals with questions about their specific situation should consult qualified immigration counsel.
Who is Most Clearly Affected by the Court’s Order?
The court’s temporary relief appears particularly important for TPS beneficiaries who:
- timely filed TPS-based EAD renewal applications during the January 17, 2025, through March 18, 2025, re-registration period;
- received USCIS notices granting a 540-day automatic extension of employment authorization;
- hold TPS-related EADs in category (a)(12) or (c)(19); and
- were informed that their work authorization would expire on July 22, 2026, because of the challenged USCIS policies.
Country-specific Impact
For TPS beneficiaries from El Salvador, certain TPS-related EADs with expiration dates between July 22, 2026, and Sept. 8, 2026, remain valid pending further court action if the TPS EAD application was filed before July 4, 2025. TPS for El Salvador is currently extended through Sept. 9, 2026.
For TPS beneficiaries from Ukraine and Sudan, certain TPS-related EADs with expiration dates between July 22, 2026, and October 18, 2026, remain valid pending further court action if the TPS EAD application was filed before July 4, 2025. TPS for Ukraine and Sudan is currently extended through Oct. 19, 2026.
Temporary Relief Only
Importantly, the court has not yet ruled on the ultimate legality of the challenged USCIS policies. The July 21 order is a temporary administrative stay intended to preserve the status quo while the court considers the parties’ arguments. The court stated it expects to issue a further ruling on the plaintiffs’ request for a stay no later than August 5, 2026.
What Should Employers and Employees Do?
Employees with TPS-based work authorization who may be affected by the court’s order should retain copies of:
- their TPS approval documentation;
- their EAD card, even if it appears expired on its face; and
- any USCIS receipt notices or notices of action reflecting automatic extension eligibility.
Employers should carefully review the court order and applicable TPS guidance before taking adverse employment action based solely on a July 22, 2026, employment authorization expiration date. The court’s order temporarily preserves prior EAD extension validity dates while the litigation remains pending.
Our Immigration Practice Group will continue monitoring this litigation and provide updates as additional guidance becomes available. If you need assistance with this or related matters, please reach out to attorney Dana R. Bucin at (860) 240-6081 and dbucin@harrisbeachmurtha.com; attorney Alona Voronova at (860) 240-6063 and avoronova@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts, and Newark, New Jersey.
