Author: Sari Long

Temporary Protected Status (TPS): Where Things Stand at the Close of 2025

At a Glance

  • The Trump administration continues to move forward with terminating Temporary Protected Status (TPS) designations, in line with its stated immigration agenda. Out of 17 countries under active TPS designations at the beginning of this year, 11 have now seen protected status terminated. 
  • The termination of a country’s TPS designation ends its nationals’ protection from removal and the ability to extend work authorization. 
  • While the fate of the other countries that are still under active TPS designation remains uncertain, employers should be prepared for similar terminations in 2026, based on the administration’s agenda to examine and amend humanitarian immigration programs thus far. 

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DHS Issues Interim Final Rule on Removal of the Automatic Extension of Employment Authorization Documents

At a Glance

  • Employers should take steps to immediately identify any employees whose current EAD is expiring in the next six months and beyond. These employees will no longer be eligible for automatic extension of their work authorization based on timely filing of a renewal application. 
  • Employees who hold EAD cards should be encouraged to submit their renewal applications as early as permitted (in most cases, this can be done up to 180 days before the expiration date of the EAD card). 

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DOT Issues Emergency Rule Limiting Commercial Driver’s Licenses for Foreign Nationals

At a Glance

  • Nondomiciled drivers applying for or renewing their CDL/CLP must provide an unexpired I-94 record indicating one of three specific employment-based nonimmigrant categories: H-2A, H-2B or E-2, and appear in person and provide an unexpired foreign passport at every issuance and renewal. 
  • Foreign nationals holding other lawful status and valid employment authorization documents are now ineligible, including asylees, refugees, and Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) beneficiaries. 
  • The IFR specifically singles out California, Colorado, Pennsylvania, South Dakota, Texas and Washington State for licensing failures, warning that any state found noncompliant could lose issuance authority and/or federal funding. 
  • Employers with nondomiciled drivers should plan for disruptions in CDL renewals while states pause and update their systems to comply with the IFR. 

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How a Federal Government Shutdown Affects U.S. Employment-Based Immigration

  • Because U.S. Citizenship and Immigration Services (USCIS) is funded by user fees, USCIS remains open and will continue to accept and process applications. There are some exceptions to this rule for programs that receive appropriated funds, including E-Verify, the EB-5 program, Conrad 30 J-1 doctors and non-minister religious workers. 
  • In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown. 
  • Note that the unavailability of E-Verify does not change the requirement for employers to complete Form I-9 no later than the third business day following an employee’s first day of work for pay. 

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Humanitarian Parole for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV): What’s the State of Play?

The Trump administration terminated a humanitarian parole program for beneficiaries from Cuba, Haiti, Nicaragua and Venezuela (CHNV). The Department of Homeland Security is now proceeding with terminating all parole granted under the CHNV program and revoking related employment authorization documents (EADs) regardless of the existing parole and EAD expiration date. A new “Status Change Report” was launched for E-Verify-enrolled employers that allows them to identify CHNV EADs that have been revoked. However, there is no clear guidance for employers who may have employees who presented and continue to have unexpired EADs issued under this program.

To view the full alert, visit the Faegre Drinker website.

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