TPS and Other Programs are Ending for Hundreds of Thousands of Employees; What Employers Need to Know
Employment authorization is ending for hundreds of thousands of employees. Every employer must be careful to reverify affected employees and be mindful of changes may have occurred. See why.
Over 600,000 people from Venezuela alone who timely applied and met the requirements were granted Temporary Protected Status (TPS) as of early 2025. Hundreds of thousands more had TPS from other countries. The administration is ending the programs for many, litigation is ongoing, and employers are the ping-pong ball.
TPS has ended (on different dates) for nationals of Afghanistan, Cameroon, Nepal, Honduras, and Nicaragua. Humanitarian parole for Haitians has also ended. HOWEVER, every employer must evaluate each employee’s situation independently. Do not just terminate someone without giving them the I-9 list of documents and asking if they qualify on another basis. It is highly possible, even probable, that in the meantime that person applied for a different status, and they can show they do continue to be authorized to work on a different basis.
There are two different groups of TPS for Venezuela. Depending on when the individual applied to renew their employment authorization or their TPS itself, and which group they are in, employers may not terminate them until either April 2, 2026, or September 24, 2026, or October 2, 2026—depending on the individual employee. Each employee’s situation on TPS must be evaluated independently. In addition, they may also have applied and be employment-authorized on a different basis in the meantime.
Regarding the 2021 group from Venezuela, the administration announced it was terminating TPS. Litigation ensued, and one court said, yes, we are putting the termination on hold pending the outcome of the litigation, then the Supreme Court said, no, we are letting the termination proceed pending the outcome of the litigation, then a lower court came back and extended the re-registration period for 24 hours, and . . . employers are getting some frustrated employees insisting they should be hired back. Some qualify, and in fact need to be taken back, but many don’t and can’t be taken back.
It’s challenging for employers and employees alike to follow the ball. It’s necessary for each employer to make sure they continuously monitor I-9 dates and status, and that they are working with highly experienced I-9 Counsel to evaluate each situation.