On May 30, 2025, the U.S. Supreme Court upheld the Trump Administration’s decision to end the Humanitarian Parole Program for nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV). This marks a significant policy shift that will directly impact thousands of foreign nationals living and working in the United States — and their employers.
As DHS moves quickly to implement the termination, businesses must act promptly to stay in compliance with federal law and assess options for retaining valuable talent.
What Is Changing?
With the Court’s ruling in place, the Department of Homeland Security has begun issuing termination notices to individuals who were granted parole under the CHNV program. These notices instruct parolees to either leave the country or risk being placed in removal proceedings. In tandem, any employment authorization previously granted under the CHNV program is no longer valid.
For employers, this change means that certain employees may suddenly lose their work authorization — and continuing their employment without updated documentation may lead to legal liability.
Required Actions for Employers
If your workforce includes CHNV parolees, take these steps immediately:
1. Conduct an Internal Review
Determine if any employees currently hold Employment Authorization Documents (EADs) issued under the CHNV parole program.
2. Reverify Employment Authorization
Form I-9 compliance requires that all employers verify and, when necessary, reverify work authorization. If an employee’s CHNV-based EAD has been terminated, you must request updated proof of work eligibility. If no valid documentation is provided, employment must be discontinued.
3. Update Company Records
Maintain a clear record of the steps your organization has taken to comply with federal employment eligibility verification laws, including employee notices, reverification efforts, and termination records (if applicable).
Is There a Way to Retain Affected Workers?
Yes — in some cases. Employers who want to keep affected workers may explore the following legal avenues:
- Temporary Work Visas:
- H-1B:Â For specialty occupation roles (subject to cap and eligibility).
- O-1:Â For individuals with extraordinary ability in the sciences, arts, business, or education.
- TN:Â Available for Canadian and Mexican nationals under USMCA.
- Permanent Residency:
- PERM Labor Certification:Â Path to green card under EB-2 or EB-3 categories.
- National Interest Waiver (NIW):Â For those whose work is deemed of substantial merit and national importance.
- Other Legal Relief:
- Employees may qualify for options such as Temporary Protected Status (TPS), family-based green cards, or asylum, depending on their circumstances.
Because these strategies can be complex and time-sensitive, employers should work closely with experienced immigration counsel.
Avoiding Discrimination
It’s essential to handle all immigration-related employment decisions in a non-discriminatory manner. Employers should not take adverse action based solely on an employee’s national origin or assumption about immigration status. Compliance actions must focus only on the employee’s authorization to work in the United States.
Final Thoughts
The end of the CHNV parole program presents an urgent compliance challenge for U.S. employers — particularly those in industries that rely on foreign national talent. Staying proactive, documenting efforts, and exploring legal pathways to sponsorship are critical steps.
At NPZ Law Group, we help employers navigate complex immigration changes, protect their workforce, and reduce legal risk. If your company needs support with I-9 compliance, work authorization strategies, or immigration sponsorship, our team is here to help.
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.