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Update on Temporary Protected Status (TPS) for Haiti and Related Countries

Client Alert

The U.S. Citizenship and Immigration Services (USCIS) issued an important update on July 10, 2026, regarding Employment Authorization Documents (EADs) for Temporary Protected Status (TPS) beneficiaries from Haiti and several other countries.

Current Status:

  • Haiti: TPS designation and related benefits remain in effect pursuant to a District Court order, until July 24, 2026. EAD documents, otherwise known as work authorization, for categories A12 or C19 with prior expiration dates are automatically extended through July 24, 2026.
  • Haitian natives with EAD documents issued in a different category should consult with an immigration attorney.
  • Other Countries (Burma/Myanmar, Somalia, Yemen, Syria, Ethiopia, and South Sudan): EADs are extended through July 17, 2026.

These are short-term administrative extensions following the U.S. Supreme Court’s June 25, 2026 decision in Mullin v. Doe. The situation remains confusing, and new court decisions continue to try to limit the TPS termination. USCIS has indicated that TPS beneficiaries will keep their status and work authorization during this period, but further changes are likely.

Employers and TPS beneficiaries should check EAD expiration dates and categories and continue monitoring the official USCIS SAVE page and the specific pages for other countries for the latest developments. Employers should accept the extended EADs for Form I-9 and E-Verify purposes.

We are closely following this matter and will provide further updates as new information becomes available.

TPS recipients may have other immigration benefit options. Anyone losing TPS should consult with an immigration attorney immediately.

If you have questions about how these developments may affect your business or immigration status, contact BMD Member Rob Ratliff at raratliff@bmdllc.com.


In Cybersecurity– A Good Offense is the Best Defense

2021 has been a watershed moment for cybersecurity incidents as cybercrime has become a frequent headline and cyber criminals have thrived on unsuspecting and/or unprepared businesses and institutions. For example, the Solar Winds attack exposed sensitive data from top companies like Microsoft as well government agencies[1] and the Colonial Pipeline attack substantially disrupted the petroleum supply chain[2]. We have seen an almost 20% increase in data breaches and attacks since last year.

Changes to Medicare’s Physician Fee Schedule and Outpatient Prospective Payment System

Come the beginning of 2022, both the Medicare Physician Fee Schedule (“MPFS”) and Outpatient Prospective Payment System (“OPPS”) will look a little different. As a refresher, the MPFS lists the fees associated with reimbursement of services to providers at certain facilities, taking into account geography and costs. By contrast, OPPS sets reimbursement rates for hospitals and community mental health centers for outpatient services, which are determined in advance. A summary of some of the more pertinent changes to each rule will be outlined below.

CMS to Once Again Reprocess Outpatient Clinic Claims

The Hospital Outpatient Prospective Payment System (OPPS) Rule was passed in November 2018, which was intended to prevent the Centers for Medicare and Medicaid Services (CMS) from paying more for services rendered in outpatient settings than what they paid for the same services rendered in physician offices that are simply owned by hospitals or health systems.[1]

New Vaccine Requirement for Select CMS-Participating Facilities

On November 4, 2021, the Centers for Medicare and Medicaid (“CMS”) released a new rule requiring certain healthcare facilities to implement policies requiring employees to be vaccinated against COVID-19. It does not matter if a staff member does not perform patient treatment services, they must still be vaccinated if an employee of an applicable facility.

OSHA COVID-19 EMERGENCY TEMPORARY STANDARD (ETS) Vaccination, Testing, Recordkeeping, and Reporting

The Occupational Safety and Health Administration has issued its long-awaited COVID-19 Emergency Temporary Standard (ETS). Note that the ETS does not apply to employers covered under the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors or Subcontractors (see here), or to settings where employees provide healthcare services subject to OSHA’s ETS for the healthcare industry (see here).