Supreme Court Rules Against TPS Holders in Mullin v. Doe: What You Need to Know and What to Do Next

On June 25, 2026, the United States Supreme Court issued its ruling in Mullin, Secretary of Homeland Security, et al. v. Doe et al. (Nos. 25–1083 & 25–1084), decided by a 6–3 vote. The Court reversed lower-court injunctions that had protected TPS holders from Haiti and Syria from removal, clearing the way for the Trump administration to terminate TPS designations across the board.

The case arose after the Secretary of Homeland Security terminated TPS for both Syria (September 2025) and Haiti (November 2025) as part of a sweeping policy to end all TPS designations. Federal district courts in New York and Washington, D.C. had issued orders blocking those terminations. The Supreme Court, on certiorari before judgment to the Second Circuit and D.C. Circuit, reversed both lower courts.

Key Takeaways from the Court’s Ruling

• No Judicial Review of Statutory Claims: The Court held that 8 U.S.C. §1254a(b)(5)(A) categorically bars courts from reviewing any non-constitutional challenges to a TPS termination. APA claims — including failure to consult with other agencies, arbitrary decision-making, and procedural violations — are entirely unreviewable.
• Equal Protection Claim Rejected: The Court assumed (without deciding) that heightened Arlington Heights scrutiny applied, but found that the Haiti plaintiffs were unlikely to prove racial discriminatory intent because a strong race-neutral explanation existed: the administration has terminated every TPS designation that came up for renewal, 13 in all, spanning countries across Africa, Asia, Latin America, and the Caribbean.
• All 13 TPS Terminations Now in Effect: With courts powerless to intervene on statutory grounds, the terminations for Haiti, Syria, Venezuela, Nepal, Burma, Afghanistan, Yemen, Somalia, Ethiopia, South Sudan, Cameroon, Nicaragua, and Honduras are now expected to proceed.
• Ukraine TPS Not Yet Affected: The Court noted that Ukraine’s TPS designation was extended through October 19, 2026, and has not been brought before the court for review under this administration.

What This Means If You Hold TPS

The loss of TPS status means the loss of both lawful status and employment authorization in the United States. Without taking affirmative steps to obtain another form of immigration status, affected individuals will become undocumented and subject to removal proceedings.

The good news is that many TPS holders may qualify for alternative immigration benefits, including work visas, green cards, asylum, or family-based petitions, that could protect their ability to remain in the United States. The key is acting now. Many of these processes take months or years, and the earlier you begin, the better your options will be.

Option 1: Employment-Based Nonimmigrant Visas

If you are currently employed in the United States or have a U.S. employer willing to sponsor you, a nonimmigrant work visa may provide an immediate path to lawful status. These visas do not lead directly to a green card but provide temporary lawful status and work authorization while longer-term options are pursued.

H-1B: Specialty Occupation Worker

The H-1B visa is one of the most common employment-based nonimmigrant visas. It requires:

• A job offer in a “specialty occupation” — one that typically requires at least a bachelor’s degree or equivalent in a specific field (e.g., engineering, IT, finance, architecture, accounting, healthcare administration).
• An employer willing to file a petition and pay prevailing wages.
• A U.S. bachelor’s degree or its equivalent in the relevant field.

Important Considerations for TPS Holders: H-1B visas are subject to an annual cap of 65,000 (plus 20,000 for U.S. master’s degree holders), and new cap-subject petitions are selected by lottery each April for an October 1 start date. However, many employers, including universities, nonprofits, and government research organizations, are cap-exempt and can file at any time of year. If you have a qualifying employer, a cap-exempt H-1B filing may be your fastest path to lawful status.

O-1A: Individuals with Extraordinary Ability

The O-1A visa is available to individuals who have risen to the very top of their fields in science, education, business, or athletics. Unlike H-1B, O-1A is not subject to any annual cap and can be filed and approved at any time.

Eligibility requires demonstrating extraordinary ability through sustained national or international acclaim, evidenced by criteria such as:

• Receipt of major awards or prizes
• Membership in elite professional associations
• Published articles, media coverage, or significant contributions to the field
• High salary relative to peers
• Critical roles at distinguished organizations

For TPS holders with strong professional or academic backgrounds, the O-1A is an attractive option because there is no cap, no lottery, and approvals can come quickly with well-prepared petitions. Our firm has extensive experience building O-1A petitions and can evaluate your eligibility in a consultation.

L-1: Intracompany Transferee

If you work for a multinational company, you may qualify for an L-1 visa as either a manager/executive (L-1A) or a worker with specialized knowledge (L-1B). Eligibility requires:

• Employment by a qualifying multinational organization with a U.S. affiliate, parent, subsidiary, or branch.
• At least one continuous year of employment abroad with that organization within the last three years.
• The U.S. position must be in a managerial, executive, or specialized knowledge capacity.

Like O-1A, L-1 visas are not subject to an annual cap and do not require a labor market test. L-1A holders may also be on a faster path to an EB-1C green card (see below).

E-1 / E-2: Treaty Trader and Treaty Investor

E visas are available to nationals of countries that have entered into qualifying commerce and navigation treaties with the United States. Importantly, not all TPS-designated countries are treaty countries, so eligibility will depend on your nationality.

• E-1 (Treaty Trader): Requires substantial trade in goods, services, or technology primarily between the U.S. and the treaty country, and a position in a supervisory, executive, or essential skills capacity.
• E-2 (Treaty Investor): Requires a substantial investment in a bona fide U.S. enterprise and active direction or development of that enterprise. The investment need not be a fixed dollar amount but must be proportional to the enterprise’s total value.

E visas are processed at U.S. consulates abroad or at USCIS for persons in valid status. They can be renewed indefinitely as long as the underlying trade or investment activity continues.

TN: USMCA Professional (Mexico and Canada Only)

Citizens of Mexico and Canada who work in one of the enumerated USMCA professional categories, including accountants, engineers, scientists, lawyers, and certain healthcare workers, may qualify for TN status. TN status can be obtained at a port of entry or USCIS (for Mexicans) and is renewable indefinitely, though it does not directly lead to permanent residence.

Visa Type	Key Eligibility / Notes
H-1B	Specialty occupation; cap applies (65,000 + 20,000 master’s); cap-exempt employers available year-round; annual April lottery for cap-subject.
O-1A	Extraordinary ability in sciences, education, business, or athletics; no cap; no lottery; can be filed anytime; strong option for accomplished professionals.
L-1A/B	Intracompany transferee (manager/exec = L-1A; specialized knowledge = L-1B); requires 1 year abroad with the organization within last 3 years; no cap.
E-1 / E-2	Treaty trader/investor; depends on nationality (treaty country required); no cap; renewable indefinitely.
TN	Mexico/Canada nationals only; USMCA professional categories; renewable indefinitely.

Option 2: Employment-Based Immigrant Visas (Green Cards)

Many TPS holders may be eligible, right now, for a U.S. green card through employment. These pathways provide permanent residence and should be pursued in parallel with any nonimmigrant visa strategy. Processing times vary by category and country of birth, so starting early is critical.

EB-1A: Aliens of Extraordinary Ability

The EB-1A category is reserved for individuals who have risen to the top of their field in the sciences, arts, education, business, or athletics. A major advantage of EB-1A is that no employer sponsor is required; you can self-petition. Eligibility requires evidence meeting at least 3 of 10 regulatory criteria, such as:

• Awards for excellence in the field
• Membership in associations requiring outstanding achievement
• Published material about you and your work
• Judging the work of others
• Original contributions of major significance
• Authorship of scholarly articles
• Commanding a high salary
• Critical role at distinguished organizations

EB-1A is one of the fastest paths to a green card for those who qualify, as it is generally not subject to the lengthy backlogs that affect other categories (for most countries of birth).

EB-1B: Outstanding Researchers and Professors

The EB-1B category is for researchers and professors with international recognition for outstanding achievement in their academic field. It requires:

• International recognition for outstanding achievement in a particular academic field.
• At least 3 years of experience in teaching or research in the field.
• A tenure or tenure-track teaching position, or a comparable research position, with a qualifying employer.
• An employer sponsor (unlike EB-1A, self-petition is not available).

EB-1B is particularly well-suited for academics, scientists, and researchers employed at U.S. universities, hospitals, or research institutions.

EB-1C: Multinational Executives and Managers

Individuals who have worked abroad for a multinational company and are being transferred to the U.S. in an executive or managerial role may qualify for EB-1C. This category has no labor certification requirement and often offers fast processing. Key requirements:

• Employment with a qualifying organization (U.S. entity must be an affiliate, subsidiary, or parent of the foreign employer).
• At least 1 year of employment abroad in the last 3 years in an executive or managerial role.
• The U.S. position must also be executive or managerial.

For L-1A holders, the transition to EB-1C green card is often the most direct path to permanent residence.

EB-2 NIW: National Interest Waiver

The EB-2 National Interest Waiver (NIW) allows individuals with advanced degrees or exceptional ability to self-petition for a green card, without an employer sponsor and without PERM labor certification, if they can demonstrate that their work is in the national interest of the United States.

Under the USCIS framework established in Matter of Dhanasar (AAO 2016), an NIW petitioner must show:

• Their proposed endeavor has substantial merit and national importance.
• They are well-positioned to advance the proposed endeavor.
• It would be beneficial to the United States to waive the job offer and labor certification requirements.

The NIW is a particularly strong option for STEM professionals, healthcare workers, researchers, educators, entrepreneurs, and others whose work demonstrably benefits U.S. society, the economy, or national security. It is frequently pursued alongside EB-1A petitions as a dual-track strategy, since both categories avoid the PERM labor certification process.

EB-2 and EB-3: PERM Labor Certification

For individuals who do not qualify for the EB-1 or EB-2 NIW categories, employer-sponsored EB-2 (advanced-degree) and EB-3 (skilled workers and professionals) petitions remain viable options. These categories require:

• A U.S. employer willing to sponsor the petition.
• A PERM labor certification, in which the employer must demonstrate (through a recruitment campaign) that no qualified, willing U.S. workers are available for the position.
• Approval of an I-140 immigrant petition.

Processing times for PERM can take 6 to 18 months or more. For individuals born in countries with high demand for immigrant visas, including India and China, the wait time after I-140 approval can be many years due to visa backlogs. Nonetheless, filing now secures a priority date and protects the applicant’s place in line.

EB-5: Immigrant Investor Program

The EB-5 Immigrant Investor Program offers permanent residence to foreign nationals who invest in a new commercial enterprise that creates U.S. jobs. As of 2022, the standard investment minimum is $1,050,000 (or $800,000 in a Targeted Employment Area). The investment must create at least 10 full-time jobs for qualifying U.S. workers. While the high investment threshold makes this option out of reach for most TPS holders, it may be relevant to individuals with significant personal or family resources.

Option 3: Family-Based Immigration

Some TPS holders may have qualifying family relationships with U.S. citizens or lawful permanent residents (LPRs) that provide a path to a green card. Family-based options include:

Immediate Relatives of U.S. Citizens

If you are the spouse, unmarried child under 21, or parent of a U.S. citizen, you are an “immediate relative” and are not subject to visa backlogs. Visa numbers are always immediately available to immediate relatives. If you entered the United States with a valid visa or were paroled into the country, you may be eligible to adjust status without leaving.

Important Note: Adjustment of status for TPS holders who entered without inspection has been a contested legal issue. Following the Supreme Court’s 2022 decision in Flores v. USCIS (and subsequent litigation), TPS holders who entered the U.S. without inspection and received TPS may or may not be eligible to adjust status depending on the circuit court jurisdiction and individual facts. Consult with an attorney before filing.

Family Preference Categories

Other family-based petitions (e.g., spouses and unmarried children of LPRs; married children or siblings of U.S. citizens) are subject to annual visa number limits and may involve multi-year waits. Even so, filing a petition now secures a priority date. The four family preference categories are:

• F-1: Unmarried sons and daughters of U.S. citizens
• F-2A: Spouses and children (under 21) of LPRs
• F-2B: Unmarried sons and daughters (21 or older) of LPRs
• F-3: Married sons and daughters of U.S. citizens
• F-4: Brothers and sisters of U.S. citizens

Option 4: Asylum and Withholding of Removal

TPS holders from countries experiencing ongoing conflict, persecution, or humanitarian crises may independently qualify for asylum or withholding of removal, even if their TPS designation is terminated.

Affirmative Asylum

If you are not currently in removal proceedings, you may file an affirmative asylum application (Form I-589) with USCIS. To qualify, you must demonstrate a well-founded fear of persecution in your home country on account of:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

Asylum applications must generally be filed within one year of the applicant’s last entry into the United States. There are exceptions for changed or extraordinary circumstances, and TPS holders who have been in the U.S. for many years may face a significant barrier to meeting this deadline. An immigration attorney can assess whether any exceptions apply.

Defensive Asylum and Withholding of Removal

If you are placed in removal proceedings following the termination of your TPS, you may raise asylum and withholding of removal as defenses before the Immigration Court. Withholding of removal has a higher evidentiary burden than asylum (clear probability of persecution rather than a well-founded fear). Still, it has no one-year filing deadline and may be available even if you are otherwise ineligible for asylum.

Convention Against Torture (CAT) Relief

Even if you do not qualify for asylum or withholding, you may be eligible for protection under the Convention Against Torture if you can show it is more likely than not that you would be subjected to torture if removed to your home country. CAT relief does not lead to a green card but prevents removal.

Option 5: Parole and Deferred Action

Humanitarian parole, parole in place, and deferred action are discretionary forms of relief that provide temporary protection from removal and, in some cases, work authorization. These options are more limited in the current political environment but may be relevant in certain circumstances.

Parole in Place (PIP)

Parole in place historically allowed certain individuals, particularly immediate family members of U.S. military personnel, to remain in the United States without being treated as having entered without inspection, which in turn allowed them to adjust status to lawful permanent residence. The Biden administration’s DACA-adjacent “Keeping Families Together” PIP program for spouses of U.S. citizens has faced significant litigation, and its availability under the current administration is uncertain. Consult with an immigration attorney about the current status of PIP programs.

Humanitarian Parole

Humanitarian parole (8 U.S.C. §1182(d)(5)) allows USCIS to authorize an individual to enter or remain in the United States temporarily for urgent humanitarian reasons or a significant public benefit. In light of the current administration’s restrictive policies, humanitarian parole approvals have declined significantly and should not be relied upon as a primary strategy.

Our Recommendation: Build a Multi-Track Strategy

Given the urgency created by Mullin v. Doe and the elimination of judicial recourse for TPS terminations, we strongly recommend that TPS holders take the following steps immediately:

• Consult an Immigration Attorney Now: Do not wait until your TPS status expires. The sooner you begin evaluating your options, the more time you will have to pursue them.
• Identify All Potential Pathways: Many TPS holders qualify for multiple forms of relief. An attorney can help you identify which options are strongest given your specific credentials, employment, and family situation.
• Pursue Dual or Parallel Tracks: Where possible, pursue a nonimmigrant visa (e.g., H-1B or O-1A) for immediate status protection while simultaneously filing for a green card (e.g., EB-1A or EB-2 NIW).
• Gather Your Documents: Begin collecting educational credentials, employment records, professional publications, awards, and other documentation that may support visa or green card petitions.
• Do Not Travel Abroad Without Advice: Traveling outside the United States without advance parole or a valid visa may jeopardize your ability to return. Consult with an attorney before making any international travel plans.