24 November 2025
What Employers and Foreign Nationals MUST Know as of November 2025
The U.S. immigration landscape continues its relentless pace of change, particularly concerning Temporary Protected Status (TPS) and Humanitarian Parole programs. As a firm committed to providing clear, actionable legal guidance in this dynamic environment, VKM Law Group alerts employers and foreign nationals to the latest updates from the Department of Homeland Security (DHS) and key court rulings.
The shifts affecting nationals from countries including Venezuela, Afghanistan, Haiti, and Ukraine are not merely policy changes; they represent immediate, critical risks to employment authorization, I-9 compliance, and lawful status.
Overview: A Volatile State of TPS and Parole
TPS and various Parole programs offer essential, temporary work authorization and protection to individuals unable to safely return to their home countries. As of November 2025, the overarching trend is one of increased litigation, termination, and complexity, requiring proactive legal strategy for all affected parties.
Key Developments to Note:
- Terminations are Taking Effect: Several TPS designations have been terminated, including those for Afghanistan, Cameroon, Haiti, Honduras, Nepal, Nicaragua, and Syria. The published end dates are imminent and must be strictly observed.
- Litigation-Driven Uncertainty: The status of Venezuela TPS is a prime example of this volatility. A recent U.S. Supreme Court decision has created a temporary stay, allowing certain prior designations to continue while the core appeals proceed. This creates an urgent need for case-specific legal counsel.
- Active Programs with Extensions: Programs for Ukraine, Burma (Myanmar), Somalia, and Ethiopia remain active, with Employment Authorization Documents (EADs) automatically extended, in some cases, into 2026.
- Humanitarian Parole: Programs like Uniting for Ukraine (U4U), Afghan Parole, and Military Parole in Place are still active, but DHS is closely scrutinizing, and in some cases, pausing new application filings.
Highlights by Category: The Status-at-a-Glance Table
| Program | Current Status | VKM Law Group Key Notes |
| Afghanistan TPS | Terminated | Ended March 2025. Work authorization expired July 14, 2025. Must seek alternative relief. |
| Haiti TPS | Terminated | Effective through Feb 3, 2026; status may change based on ongoing litigation. |
| Ukraine TPS | Active | Extended through Oct 19, 2026; EADs automatically valid through April 2026. |
| Venezuela TPS (2021 & 2023) | Mixed / Litigation Ongoing | Supreme Court stay allows some 2023 EADs to remain valid through Oct 2, 2026. Consult counsel immediately. |
| El Salvador / Sudan / South Sudan | Extended | Temporary extensions granted through 2026 pending administrative review. |
| CHNV Parole (Cuba, Haiti, Nic., Ven.) | Terminated | Supreme Court decision allowed termination. Beneficiaries without alternative relief are now in an unauthorized status and face deportation risk. |
| Uniting for Ukraine (U4U) | Active (Limited) | Beneficiaries remain valid. USCIS has temporarily paused new Form I-134A filings. |
The Mandate for HR and Employers: I-9 Compliance is Paramount
The sharp divergence in EAD expiration dates by country designation has made Form I-9 compliance an administrative and legal minefield.
Your I-9 Compliance Action Plan:
- Stop Assumptions: Never assume a prior automatic EAD extension remains valid. Extensions are only valid for the specific dates published in the Federal Register or on the USCIS website for that country’s designation.
- Verify, Verify, Verify: HR teams must cross-reference the employee’s EAD card with the official USCIS TPS Country page to determine the true, current extension date for Form I-9 purposes.
- Prevent Discrimination: Do not request more documents than necessary or treat a foreign national differently because their country’s status is under litigation. This can lead to charges of document abuse or national origin discrimination under the Immigrant and Employee Rights Section (IER).
What Beneficiaries Must Do Now
Given the rising risk of status loss and deportation proceedings, the time for passive monitoring is over.
- Renew Early: File TPS re-registration and EAD renewal applications at least 180 days before expiration. Procrastination is the single greatest threat to your continued work authorization.
- Retain ALL Documentation: Keep all I-797 receipt notices and copies of the specific Federal Register or USCIS notices that detail your EAD’s automatic extension. This is your primary defense against I-9 issues.
- Explore Alternatives: If your country’s designation has been terminated or is facing appeal (e.g., Afghanistan, CHNV Parole), you must immediately consult with an attorney to review alternative paths to lawful status, such as Asylum, Family-Based Petitions, or Employment-Based Visas.
Need to Speak with a Skilled Attorney?
The complexity of these updates underscores the VKM Law Group philosophy: each case deserves the attention of a skilled attorney, not just an online tool.
Whether you are an employer ensuring proactive compliance or a foreign national seeking to secure your future amid policy changes, our team provides the customized legal strategy you need.