On May 19, 2025, in Noem, et al. v. National TPS Alliance, et al., the U.S. Supreme Court permitted the Trump Administration to end Temporary Protected Status (TPS) for Venezuelans. The court left open the door to challenges by migrants if the Trump administration tries to cancel Employment Authorization Documents (EADs) that were issued to expire in October 2026, the end of the TPS period extended by Biden. It remains to be seen whether the Administration will attempt to cancel EADs. On May 23, 2025, the Administration issued the following instructions on completing Form I-9 in light of the decision:
To complete or update Form I-9, Employment Eligibility Verification, for TPS Venezuela beneficiaries who present an EAD with a Category Code of A12 or C19 and a Card Expires date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, enter April 2, 2026, pending relief from the court, on Form I-9 as the new expiration date of the automatically extended EAD. You must reverify these employees before they start work on April 3, 2026.
Partner and Co-Chair, Immigration and Global MobilityAbigail Walsh has over 20 years’ experience in a wide range of immigration matters. She represents multinational and domestic corporations, their employees and private individuals in business immigration matters before U.S ...
Partner and Co-Chair, Immigration and Global MobilityVictoria Donoghue has an extensive background in immigration law, advising clients on the full range of issues related to employment-based immigrant and nonimmigrant visas. Her experience includes handling complex Requests for ...