What’s an Employer To Do? The Termination of TPS and Humanitarian Parole for CHNV, and Employers’ Compliance Obligations for These Employees
I-9 compliance is a notoriously difficult area for employers, and this is only further highlighted by the additional complications and considerations posed by the recent termination of Temporary Protected Status (TPS) and Humanitarian Parole for nationals of certain countries. The following summarizes the termination of those programs, the potential impact on employees, and the steps employers should consider to reverify I-9 Forms and maintain compliance during this dynamic time.
The CHNV Parole Program and its Termination
On March 25, 2025, the Department of Homeland Security (DHS) announced the termination of the humanitarian parole programs for Cuban, Haitian, Nicaraguan and Venezuelan nationals (CHNV parole). The CHNV parole program was created by the Biden administration on January 6, 2023, and allowed certain qualifying individuals from these four countries to enter the U.S. for a temporary period of up to two years and work upon sponsorship by someone in the U.S. and successful completion of a background check. Approximately 532,000 people had entered the U.S. on CHNV parole by January 2025.
The termination of the CHNV parole program was temporarily enjoined by a federal judge on April 14, but on May 30, 2025, the U.S. Supreme Court lifted the injunction and allowed the cancellations to proceed.
On June 12, 2025, DHS started emailing termination notices to individuals in the U.S. under the CHNV parole program. These emails indicated that the CHNV parole status and employment authorization was being revoked immediately and that the individuals should self-deport if they lacked other lawful status to remain in the U.S.
Temporary Protected Statuses and their Termination
In addition to the recent termination of the CHNV parole program, DHS has also announced the termination of Temporary Protected Status and related Employment Authorization Documents (EADs) for qualifying nationals from various countries. The following summarizes the current state of TPS terminations, but please note this situation is fluid and could be suddenly impacted by litigation and additional DHS announcements at any time.
| Venezuela 2021 | Venezuela 2023 | |||||||
| Initial TPS Designation Date |
5/20/2022 |
6/7/2022 |
8/4/2024 |
1/5/1999 |
6/4/2015 |
1/5/1999 |
3/9/2021 |
10/3/2023 |
| TPS Expiration Date |
7/14/2025 |
8/4/2025 |
9/2/2025* |
9/8/2025 |
8/5/2025 |
9/8/2025 |
9/10/2025 |
4/7/2025 |
| TPS EAD Automatic Extension Date |
7/14/2025 |
8/4/2025 |
9/2/2025* |
9/8/2025 |
8/5/2025 |
9/8/2025 | None (expired 3/10/2025) |
TBD |
View Table
While DHS has announced the termination of TPS for Haiti, a federal judge stayed the termination of this program on July 1, 2025, so it remains unclear when the program will end. Similarly, due to a federal judge’s order on May 30, 2025, Venezuela TPS beneficiaries from the 2023 redesignation (not the 2021 initial designation) who have EADs with expiration dates of April 2, 2025, and who received a I-765 Receipt Notice issued on or before February 5, 2025, have their EADs automatically extended for 540 days pending resolution of that litigation.
E-Verify Employer Notifications and Considerations
On June 20, 2025, DHS announced the creation of a new E-Verify “Status Change Report” designed to notify E-Verify employers of employees whose employment authorization has been revoked, either individually or collectively (such as for employees affected by the CHNV parole termination). E-Verify employers (or their agents) have been emailed that they should take the following steps:
- Log in to E-Verify “regularly” to generate the Status Change Report.
- Reverify employees using Form I-9, Supplement B and complete all reverifications within a “reasonable amount of time.”
The terms “regularly” log-in and “reasonable amount of time” are not defined and will vary depending on various circumstances. E-Verify users should not create a new E-Verify case for reverification or because of the Status Change Report. If employees are unable to complete the I-9 reverification process within a reasonable amount of time, the employer should terminate employment.
As with all I-9 compliance actions, it is critical for employers to develop and maintain a record of compliance in the event of an audit. Employers should retain the E-Verify Status Change Reports with the dates accessed. For employees whose I-9 Forms are reverified or whose employment is terminated through this process, employers should attach a note or memorandum to each I-9 Form explaining why reverification or employment termination occurred along with a printout of the relevant E-Verify guidance (see here).
Considerations for Employers Not Enrolled in E-Verify
DHS has not yet provided specific guidance on the termination of CHNV parole or TPS for employers not enrolled in E-Verify. If employers do not retain copies of employee documents, it may be difficult to identify potentially affected employees. Some employees may voluntarily disclose individual revocation notices or expiring EADs to their employer, at which time the employer is on “actual” notice and should follow the process of Form I-9 reverification within a “reasonable amount of time.” Employers who maintain copies of supporting documentation with their I-9 Forms may also proactively review these records to identify any potentially impacted employees; for example, employees from Cuba, Haiti, Nicaragua or Venezuela who presented an EAD with the category C11 may be CHNV parolees. It should be noted that not all EADs in the C11 category have been impacted by the termination of the CHNV parole program. Likewise, employees from affected countries who presented an EAD with the A12 or C19 categories for Temporary Protected Status may also be impacted by the recent TPS termination announcements.
Regardless, employers should not automatically terminate employment or ask employees for specific documents. CHNV parolees and TPS recipients may have already received or applied for other employment-authorized statuses (such as asylum, Lawful Permanent Residence, student status, etc.) and may be able to successfully complete the I-9 reverification process. In addition, employers are never permitted to request or demand specific documents in the I-9 process; rather, employers should simply notify employees of expiring employment authorization documents and the need for reverification, as well as provide employees with the I-9 List of Acceptable Documents.
Given the lack of official DHS guidance coupled with the dynamic and shifting nature of the CHNV parole termination and the terminations of Temporary Protected Status for other nationalities, employers should proceed with caution to balance I-9 compliance with the risk of unlawful discrimination on the basis of national origin or immigrant status. The Fredrikson Immigration Team is here to assist you with all your I-9 compliance needs.
