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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.


Provider Relief Funds – Continued Confusion Regarding Reporting Requirements and Lost Revenues

In Fall 2020, HHS issued multiple rounds of guidance and FAQs regarding the reporting requirements for the Provider Relief Funds, the most recently published notice being November 2, 2020 and December 11, 2020. Specifically, the reporting portal for the use of the funds in 2020 was scheduled to open on January 15, 2021. Although there was much speculation as to whether this would occur. And, as of the date of this article, the portal was not opened.

Ohio S.B. 310 Loosens Practice Barrier for Advanced Practice Providers

S.B. 310, signed by Ohio Governor DeWine and effective from December 29, 2020 until May 1, 2021, provides flexibility regarding the regulatorily mandated supervision and collaboration agreements for physician assistants, certified nurse-midwives, clinical nurse specialists and certified nurse practitioners working in a hospital or other health care facility. Originally drafted as a bill to distribute federal COVID funding to local subdivisions, the healthcare related provisions were added to help relieve some of the stresses hospitals and other healthcare facilities are facing during the COVID-19 pandemic.

HHS Issues Opinion Regarding Illegal Attempts by Drug Manufacturers to Deny 340B Discounts under Contract Pharmacy Arrangements

The federal 340B discount drug program is a safety net for many federally qualified health centers, disproportionate share hospitals, and other covered entities. This program allows these providers to obtain discount pricing on drugs which in turn allows the providers to better serve their patient populations and provide their patients with access to vital health care services. Over the years, the 340B program has undergone intense scrutiny, particularly by drug manufacturers who are required by federal law to provide the discounted pricing.

S.B. 263 Protects 340B Covered Entities from Predatory Practices in Ohio

Just before the end of calendar year 2020 and at the end of its two-year legislative session, the Ohio General Assembly passed Senate Bill 263, which prohibits insurance companies and pharmacy benefit managers (“PBMs”) from imposing on 340B Covered Entities discriminatory pricing and other contract terms. This is a win for safety net providers and the people they serve, as 340B savings are crucial to their ability to provide high quality, affordable programs and services to patients.

DOL Finalizes New Rule Regarding Independent Contractor Status, But Its Future Is In Jeopardy

On January 6, 2021, the Department of Labor announced its final rule regarding independent contractor status under the Fair Labor Standards Act. As described in a prior BMD client alert, this new rule was fast-tracked by the Trump administration after its proposal in September 2020. The new rule is set to take effect on March 8, 2021, and contains several key developments related to the "economic reality" test used to determine whether an individual is an independent contractor or an employee under the FLSA.