The federal government recently announced its position on the termination of work authorization for people who have parole status under one of the CHNV parole programs.
On May 30, 2025, the Supreme Court of the United States issued an order lifting the U.S. District Court for the District of Massachusetts’s April 14, 2025, Preliminary Injunction that stayed parts of the March 25, 2025, Federal Register notice titled, “Termination of Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).” See Noem v. Svitlana Doe, 605 U.S. ___ (2025). With this decision, DHS may proceed with terminating parole granted under the CHNV parole programs and with revoking any employment authorization based on being paroled under the CHNV parole programs. Aliens whose parole is terminated and whose employment authorization is revoked will receive notification in their myUSCIS account.
Recognizing that the workers may not report this information to their employers, it is possible that employers of such workers will receive notification through their E-Verify accounts. Employers also could check whether an employee’s work authorization under one of the CHNV programs has terminated by entering the receipt number at the U.S. Citizenship and Immigration Services (USCIS) Case Status Online website (https://egov.uscis.gov). The receipt number is a unique 13-character identifier that consists of three letters and 10 numbers. Omit dashes ("-") when entering a receipt number. However, you can include all other characters, including asterisks ("*"), if they are listed as part of the receipt number. The receipt number should be recorded on Form I-9 or on the employment authorization document. Notice through the E-Verify system or through the USCIS Case Status Online website may constitute actual knowledge of unauthorized employment.
Even if work authorization under one of the CHNV programs has been terminated, employers should check with the employees to determine whether they have obtained work authorization under another status.
Employers also should recognize that not all Cubans, Haitians, Nicaraguans and Venezuelans who have parole status received that status under one of the CHNV parole programs. Accordingly, employers should avoid terminating workers who may still have work authorization.
Employers should confirm that the workers have lost work authorization before terminations occur by checking E-Verify or the USCIS Case Status Online website.
It is our hope that the federal government will recognize the confusion that employers have faced and will allow employers to complete employment terminations over a reasonable period.
We continue to monitor the rapidly changing immigration issues and will issues Alerts to help you keep up to date with this everchanging landscape.
The U.S. Citizenship and Immigration Services (USCIS) updated its website to remove work authorization for most TPS Venezuela workers with the 2023 Designation retroactive to April 3, 2025. Accordingly, all employers with TPS Venezuela workers with the 2023 Designation should terminate their employment promptly.
On May 19, 2025, the U.S. Supreme Court granted the government’s request for an emergency stay of Judge Edward Chen’s order in National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal., March 31, 2025). Based on the Supreme Court’s May 19 order, the March 31, 2025, district court order in case No. 3:25-cv-1766 is stayed pending the disposition of the government’s appeal in the United States Court of Appeals for the Ninth Circuit. Thus, TPS for Venezuelans with April 3, 2025, documentation has terminated pursuant to Secretary of Homeland Security Kristi Noem’s February 5, 2025, decision to terminate TPS under the 2023 designation for Venezuela. On May 30, 2025, the district court in case No. 3:25-cv-1766 ordered that - pending resolution of the litigation - TPS beneficiaries who received TPS-related employment authorization documents, Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025, will maintain that status, and their documentation will remain valid during the course of the litigation. All TPS-related documentation with a validity date of October 2, 2026, received after February 5, 2025, is no longer valid and those individuals under the 2023 designation no longer have TPS.
Separately, TPS status under the 2021 designation for Venezuela remains in effect through September 10, 2025, not April 2, 2026, as previously posted on the USCIS website.
Questions? Need more information? Call Jim Hughes at (404) 365-0900.
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