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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.


Value-Based Care Advances – CMS Issues New Final Rules for Stark and Anti-Kickback Statutes

The Centers for Medicare & Medicaid Services (“CMS”) and the Department of Health and Human Services (“HHS”) Office of the Inspector General (“OIG”) issued two highly anticipated (and quite extensive) Final Rules to reform the Stark Law and Anti-Kickback Statute (“AKS”) regulations. The Final Rules generally take effect on January 19, 2021. The Final Rules include new safe harbors for the AKS and new exemptions to the Stark Law to allow for greater flexibility. According to the HHS, the goal of updating both laws is to make it easier for providers to engage in care coordination and value-based care programs without running afoul of the statutes. Please note that this client alert could not cover the full extent of the Final Rule changes so please contact your BMD Healthcare attorney with questions.

Mandatory Filings Under CFIUS New Rules

On September 15, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) promulgated a final rule modifying its mandatory declaration requirements for certain foreign investment transactions involving “TID US businesses” (sensitive U.S. businesses dealing in critical technologies, critical infrastructure and sensitive personal data) dealing in “critical technologies” – i.e., U.S. businesses that produce, design, test, manufacture, fabricate, or develop one or more critical technologies. The new rule also makes amendments to the definition of the term “substantial interest” (used to determine whether a foreign government has a substantial interest in an entity). The final rule became effective on October 15, 2020.

IRS Guidance on Employee Retention Credit

The Employee Retention Credit created under Section 2302 of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a refundable tax credit against certain employment taxes equal to 50 percent of the qualified wages an eligible employer pays to employees after March 12, 2020, and before January 1, 2021. Since the adoption of the CARES Act, employers have expressed concern that if one employer acquires another employer that previously received a PPP loan, the acquirer’s entire aggregated group may no longer be eligible to claim the Employee Retention Credit.

International Sales Contracts - COVID-19 Pandemic and Force Majeure

Identity Protection PIN Available to ALL Taxpayers in January

Beginning in January 2021, the IRS will allow all taxpayers who can properly verify his/her identity to obtain an Identity Protection PIN. An Identity Protection PIN (“IP PIN”) is a six digit number assigned to a specific taxpayer to assist in preventing the misuse of a taxpayer’s social security number on fraudulent federal tax returns. Previously, only confirmed victims of identity theft who resolved his/her tax issues with the IRS were eligible for an IP PIN.