USCIS Terminates Burma, South Sudan TPS Work Permits; Employers Must Reverify

U.S. Citizenship and Immigration Services ended employment authorization on August 7, 2026, for Temporary Protected Status beneficiaries from Burma and South Sudan, invalidating A12 and C19 work permits that had remained covered by earlier USCIS placeholder extensions. People whose only authorization came from those documents must now show another valid basis to work in the United States.

The agency updated its Burma and South Sudan guidance on August 6–7 to reflect the termination date. Earlier temporary expiration dates no longer control.

The change affects approximately 3,969 approved Burma beneficiaries and 232 South Sudan beneficiaries. Their Employment Authorization Documents are no longer valid for employment authorization as of August 7.

Employers must act, too. USCIS said businesses must reverify employees who previously presented the affected documents and cannot continue employing anyone who fails to provide proof of current employment authorization.

The cutoff has passed.

USCIS applies the decision to Forms I-766 carrying category A12 or C19 when issued to Burma or South Sudan beneficiaries. The agency says employers cannot continue employing a person who does not provide proof of current employment authorization.

"Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS Burma [and South Sudan] beneficiaries are no longer valid. Employers must reverify TPS beneficiaries who presented these EADs and cannot continue employing a person who does not provide proof of current employment authorization."

The statement concerns authorization tied to the terminated designations. Affected people may still have another immigration benefit or status that permits employment.

A separate document can preserve employment authorization

A person may present a green card, an unexpired EAD issued in another category, or another status-based document that independently authorizes employment. The document must remain valid without relying on the terminated designation.

A recent immigration filing may lead to a different employment document. A receipt notice or interim record counts for Form I-9 purposes only when it actually establishes employment authorization.

A filing alone does not replace an invalid EAD.

People with pending asylum applications on Form I-589 may be eligible for an EAD in category C08. Those with pending green card applications on Form I-485 may qualify for a C09 EAD, depending on their circumstances.

The possible routes extend beyond those filings. Immigration attorneys can assess asylum, Special Student Relief for South Sudanese students, Deferred Enforced Departure when applicable, and family-based or employment-based sponsorship.

No single option applies to every former beneficiary. A person must establish a separate work-authorizing basis before continuing employment.

Employers must reverify instead of relying on the old extension

Employers that previously accepted a Burma or South Sudan TPS EAD must reverify the employee’s current authorization. They cannot continue employment solely because an earlier agency notice or temporary extension once supplied a later expiration date.

Reverification requires new, valid proof. If the worker has no separate authorization, the employer cannot treat the terminated EAD as sufficient.

The updated guidance applies to the Form I-9 process. It does not turn a pending application into work authorization unless the particular filing or document provides that authority.

Businesses may need to review records for employees who presented A12 or C19 EADs from either country. The question is whether the employee can show current authorization after August 7, not whether the card once carried a later expiration date.

The agency’s guidance places the burden on current documentation. An old card cannot stand alone.

Court rulings removed the barriers to termination

The Department of Homeland Security announced South Sudan’s termination on November 6, 2025, and Burma’s on November 25, 2025. Federal litigation delayed implementation for months.

Courts in Massachusetts and Illinois issued stays and temporary extensions that moved EAD expiration dates several times during early 2026. The Massachusetts case was African Communities Together et al. v. Noem. The Illinois case was Aung Doe et al. v. Noem.

The Supreme Court’s decision in Mullin v. Doe on June 25, 2026, gave the administration broad statutory authority to end TPS when country conditions change. The ruling was 6-3 and overrode lower-court stays that had kept the designations in place.

The final South Sudan challenge also failed. U.S. District Judge Patti Saris of the District of Massachusetts rejected the effort to block the termination in a 15-page ruling on August 7, writing that the plaintiffs’ arguments were "self-defeating."

The litigation kept the programs alive temporarily. It did not create a permanent employment benefit.

Former DHS Secretary Kristi Noem made the Burma determination in late 2025. A Federal Register notice dated November 25, 2025, said:

"Burma no longer continues to meet the conditions for designation. it is contrary to the national interest to permit Burmese nationals. to remain temporarily in the United States."

That determination, the court proceedings and the Supreme Court ruling led to the August 7 end date.

Losing TPS can affect status beyond the workplace

Termination does not result in automatic deportation. People without another valid immigration status may, however, become subject to removal proceedings.

Possible circumstances include a pending asylum claim, a student visa or a family-sponsored green card process. Each provides a different legal framework and requires individual review.

A person who has neither another status nor another work authorization cannot lawfully continue working based only on the Burma or South Sudan EAD.

Thura Doe, a plaintiff in the Burma lawsuit, described the personal stakes after the August 7 ruling:

"I am devastated by the court's ruling and terrified of what will happen if I'm forced to return to Burma. As an advocate for democracy. I deeply fear I will be immediately detained by the junta."

Lupe Aguirre, deputy director of U.S. litigation at the International Refugee Assistance Project, said the court had stood between Burmese clients and detention and deportation. Aguirre said TPS holders need a permanent fix.

The termination therefore reaches beyond a workplace document. It can also change the immigration position of someone who lacks another valid protection or pending benefit.

Workers and employers now face the August 7 cutoff

Affected workers should review these possible paths:

• A green card or another current document may independently authorize employment.
• A non-TPS EAD may remain valid if it belongs to a category that permits work.
• A pending Form I-589 or Form I-485 may support a different EAD category, such as C08 or C09, if the person meets the requirements.
• A receipt notice or interim document provides Form I-9 evidence only when it actually authorizes employment.
• Family-based, employment-based, asylum, student-related or other immigration options may provide a separate basis to remain or work.

Employers should request new documentation when reverification is required. They cannot keep employing someone solely because the former card shows an expiration date extended by earlier court or agency notices.

A new designation could theoretically follow changed country conditions. The current policy direction makes that possibility unlikely, while the operative cutoff remains August 7.

USCIS guidance now treats the affected EADs as invalid for employment purposes. Workers who have another qualifying document must use that separate basis, and employers must record current authorization rather than rely on the terminated TPS designation.