Employers across the United States are facing increasing challenges when it comes to verifying employment authorization for foreign nationals under Temporary Protected Status (TPS) or humanitarian parole. Ongoing policy changes, legal disputes, and agency delays have left many HR professionals uncertain about how to handle Form I-9 compliance, reverification, and employee work eligibility.
In this post, we break down the current status of TPS and parole programs, recent developments affecting work authorization, and what steps employers should take to remain compliant with employment verification laws.
Understanding the Difference: TPS vs. Humanitarian Parole
While both TPS and humanitarian parole may provide work authorization, they are legally and procedurally different.
- TPS offers temporary immigration protection to individuals from specific countries where returning would pose a risk due to severe conditions such as conflict or natural disaster.
- Humanitarian parole is a temporary measure that permits individuals to enter or stay in the United States for urgent reasons related to humanitarian need or public interest. Approval is not guaranteed and is made on an individual basis.
Each immigration benefit—whether parole or TPS—comes with its own criteria for eligibility, documentation requirements, and duration of validity. Proper I-9 verification and timely updates are critical for ensuring continued compliance.
TPS for Venezuelans: Automatic EAD Extensions Continue
Despite efforts to terminate TPS for Venezuela, legal challenges have kept the program in place. Currently:
- TPS designations from both 2021 and 2023 remain active.
- Employment Authorization Documents (EADs) with expiration dates of Sept. 9, 2022, March 10, 2024, April 2, 2025, or Sept. 10, 2025 are automatically extended through April 2, 2026.
- Employers must update Form I-9 records and complete reverification by April 3, 2026.
Failure to reflect these extensions properly can create compliance risks during audits or inspections.
CHNV Parolees: Termination Temporarily Blocked by Court
In early 2025, the administration announced the end of the humanitarian parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV). This included canceling travel authorizations and revoking parole-based EADs.
However, a federal court has issued a temporary stay, which means:
- CHNV parolees remain legally present and authorized to work.
- Existing EADs under category C11 are still valid.
- No new CHNV parole applications are being accepted during litigation.
Until DHS releases further instructions, employers should not alter or reverify I-9s for these workers solely based on the termination notice.
Ukrainian Parolees (U4U): Work Authorization Remains Unaffected
Under the Uniting for Ukraine (U4U) program, Ukrainian nationals were granted humanitarian parole to enter and work in the U.S. While the program is not currently accepting new applications, existing parolees remain protected.
For Form I-9 purposes:
- Workers should select “A noncitizen authorized to work” in Section 1.
- Ukrainian parolees can verify employment eligibility by presenting a valid Employment Authorization Document (EAD) or, alternatively, an I-94 travel record that reflects either the classification UHP with an entry prior to September 30, 2024, or the classification DT, issued between February 24, 2022 and September 30, 2024, where Ukraine is listed as the country of citizenship.
These I-94s can be accepted temporarily as receipt documents, but employers must request updated documentation within 90 days.
I-9 and E-Verify Best Practices
- Use Supplement B of Form I-9 for reverification—do not create a new E-Verify case for existing employees with extended authorization.
- E-Verify will issue expiration alerts 90 days in advance of a listed end date.
- Always check DHS or USCIS updates to determine if automatic extensions apply—even if a document shows an expired date.
Country-Specific Highlights
- Venezuelan TPS: EADs auto-extended to April 2, 2026.
- Haitian TPS: Employment authorization for Haitian TPS holders is valid through August 3, 2025, even if the physical card indicates a later date.
- Ukrainian TPS: Work permits for Ukrainian TPS beneficiaries have been extended until April 19, 2026, and re-registration is required between January 14 and March 18, 2025.
- Ukrainian U4U Parolees: These individuals can continue employment using either a valid EAD or an I-94 record that meets verification standards.
Final Thoughts: Prioritize Legal Compliance
Given the evolving legal landscape, employers must stay alert to changes in immigration policy, automatic extensions, and court rulings. Improper reverification or I-9 errors—even unintentional—can result in penalties from ICE or other agencies.
Tip: If you’re unsure about an employee’s work authorization status under TPS or parole, seek legal guidance before taking action.
NPZ Law Group is here to help.Our team assists employers with I-9 compliance, workforce planning, and understanding TPS and parole updates. Reach out to us today to schedule a consultation or training session for your HR department.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.