Update of Work Authorization Immigration Status as of October 8, 2025

On Friday, October 3, 2025, the Supreme Court allowed the termination of 2023 TPS Venezuela designation (A12 or C19) to take immediate effect. However, 2023 TPS Venezuela beneficiaries who received an Employment Authorization Document on or before February 5, 2025, with a ‘Card Expires’ date of October 2, 2026, will maintain work authorization until October 2, 2026.

Separately, Secretary Noem published her notice to terminate the 2021 TPS Venezuela designation (A12 or C19), which is effective on Nov. 7, 2025, at 11:59 p.m. See Termination of the 2021 Designation of Venezuela for Temporary Protected Status, 90 Fed. Reg. 43225 (Sept. 8, 2025).

We are hearing from clients that the government shutdown is affecting E-Verify access. E-Verify is operational again and all new hires need to be processed by October 14, 2025.  Employers should determine whether they have any Venezuelan workers with TPS status and when work authorization for those workers expired or will expire.

If, or when, an employee with TPS status has lost, or loses, TPS status, the employer should give the employee the opportunity to demonstrate other work authorization. If the employee cannot demonstrate other work authorization, termination of employment is the appropriate course of action.

For those employers with Haitians who have TPS status, employment authorization will expire February 3, 2026.

For those employers who had workers with parole status (C11) under one of the Cuban, Haitian, Nicaraguan or Venezuelan categorical parole programs, those workers cannot rely on the EADs showing parole status. Such workers must present some other form of work authorization.

Questions? Need more information? Call Jim Wimberly or Jim Hughes at 404-365-0900.

Download Alert as a PDF