By: Hector A. Chichoni , Esq.
Employers across the United States are currently navigating a period of unprecedented uncertainty surrounding employment authorization for foreign nationals with Temporary Protected Status (TPS) and various forms of humanitarian parole. Recent actions by the Department of Homeland Security (DHS)—including the termination or attempted termination of programs like TPS for Venezuelans and parole for citizens from Cuba, Haiti, Nicaragua, and Venezuela (CHNV)—have led to widespread confusion in the workplace. The lack of clear guidance on how to properly verify or re-verify work authorization, especially using Form I-9, has created major challenges for human resources professionals.
Many employers are struggling to understand the difference between TPS and parole, which are fundamentally separate legal categories with different requirements and expiration rules. With over half a million foreign nationals affected—many of whom are long-standing employees with critical skills—these shifting policies threaten not only individual livelihoods but also the operational stability of entire industries and the broader U.S. economy.
Distinction Between TPS and Parole
TPS and humanitarian parole are distinct programs, and individuals from certain countries may qualify for one but not the other. The article emphasizes the importance of understanding these differences, as they impact employment authorization and verification processes.
TPS for Venezuelan Citizens
The status of Temporary Protected Status (TPS) for Venezuelan citizens remains complex but active due to recent legal and administrative developments. Although DHS Secretary Kristi Noem attempted to terminate the 2023 TPS designation for Venezuela, a federal court blocked that termination in March 2025. As a result, both the 2021 and 2023 TPS designations remain in effect for now.
Key points for employers:
TPS Validity: TPS for Venezuela is currently in effect and will remain so until further court decisions or DHS action.EAD Extensions: Employment Authorization Documents (EADs) with expiration dates of Sept. 9, 2022; March 10, 2024; April 2, 2025; or Sept. 10, 2025, are automatically extended to April 2, 2026, pending further litigation.Form I-9 Compliance: Employers should update I-9s with the new extended expiration date and ensure reverification is completed before April 3, 2026.
Humanitarian Parole for CHNV
In March 2025, the Trump Administration announced the termination of the CHNV (Cuba, Haiti, Nicaragua, Venezuela) humanitarian parole program, effective March 25, 2025. All pending travel authorization requests under CHNV were canceled, and parole for current CHNV recipients was set to end on April 24, 2025. This also meant the automatic revocation of parole-based employment authorization (EAD Category C11).
However, on April 14, 2025, Judge Indira Talwani of the U.S. District Court in Massachusetts issued a stay, temporarily blocking the termination of the CHNV program. This court order prevents DHS from ending the parole or revoking work permits for CHNV recipients while the legal challenge is underway.
As of now:
Termination notices are suspended and not in effect.
Existing CHNV parolees retain legal status and work authorization.
No new CHNV parole applications are being accepted.
Ukrainian Parole – U4U
The Uniting for Ukraine (U4U) program provides humanitarian parole to Ukrainian nationals, allowing them to live and work in the U.S. for the duration of their parole. Although the U4U program is currently paused—meaning the Department of Homeland Security (DHS) is not accepting new applications—existing U4U parolees remain unaffected. This distinguishes them from CHNV parolees, whose parole was scheduled to expire on April 24, 2025.
The U.S. Department of Justice, Civil Rights Division, has issued specific guidance for employers regarding employment authorization documentation for U4U parolees. This guidance helps employers understand acceptable forms of verification under Form I-9 requirements:
U4U parolees must select “A noncitizen authorized to work” in Section 1 of Form I-9, entering the expiration date of their parole.
They may present any acceptable employment authorization documents.
Employment Authorization Document (EAD) is a common option.
If an EAD is provided and later expires, the individual may show a new EAD, or a valid I-94 record in certain classifications.
Acceptable I-94 Conditions:
The I-94 may be used in place of an EAD if it:
Lists Class of Admission: UHP with a most recent entry date on or before September 30, 2024, or
Lists Class of Admission: DT, issued between February 24, 2022, and September 30, 2024, with Ukraine as the country of citizenship.
These I-94s can serve as a “receipt” indicating both identity and work authorization. However, they are only valid for 90 days from the start of employment, or 90 days from the expiration of a previous document during reverification. By the end of the 90-day period, workers must present a new EAD or a combination of a List B document (e.g., driver’s license) and an unrestricted Social Security card.
E-Verify Considerations
E-Verify provides alerts for expiring work authorization documents, reminding employers to reverify using Supplement B of Form I-9, not to create a new E-Verify case. Alerts appear 90 days before expiration for original E-Verify case documents. Venezuelan TPS beneficiaries with EADs under categories A12 or C19 have automatic extensions until April 2, 2026. Haitian TPS beneficiaries’ EADs expire on August 3, 2025, regardless of the document’s date. CHNV parole termination notices are stayed, preserving EADs for those in the program. Ukrainian TPS beneficiaries’ EADs are extended until April 19, 2026, with re-registration required between January 14 and March 18, 2025. Ukrainian U4U EADs remain unaffected. Employers must reverify TPS or parole employees and request acceptable employment authorization documents. Legal counsel is advised due to ongoing confusion and potential ICE fines, even if employers act reasonably.
Summary of Key Points
Venezuelan TPS beneficiaries with specific EAD expiration dates have automatic extensions until April 2, 2026.
Haitian nationals with TPS will have EADs expiring on August 3, 2025, regardless of the document’s expiration date.
CHNV parole termination notices are stayed, preserving the legal status and EADs of affected individuals.
Ukrainian nationals with TPS must re-register within specified dates, and their EADs are extended until April 19, 2026.
Ukrainian nationals with U4U parole remain unaffected by changes and can continue working until their EADs expire.
Legal and Compliance Recommendations
Employers should reverify employees under TPS or parole and request acceptable employment authorization documents. Due to the ongoing confusion and lack of government clarification, seeking legal counsel is advised. Employers should be aware of potential fines from ICE for errors, even if they acted reasonably.
