Legal Updates

DHS Announces Termination of 2021 TPS Designation for Venezuela, Extension Granted Through November 7, 2025

DHS has announced that the TPS Venezuela 2021 designation, expiring on September 10, 2025, has been officially terminated. As DHS is required to give 60 days’ notice, TPS for this designation and the associated work authorization is extended temporarily through November 7, 2025.  

The Department of Homeland Security posted a Federal Register notice on the termination of the 2021 designation of Venezuela for Temporary Protected Status. After reviewing country conditions and consulting with the appropriate interagency partners, Secretary of Homeland Security Kristi Noem determined that conditions in Venezuela no longer meet the statutory requirements for TPS.

The 2021 TPS designation for Venezuela will terminate at 11:59 p.m. on November 7, 2025, 60 days after publication of this Federal Register notice.

The unpublished notice, released today, states:

DHS recognizes that Venezuela Temporary Protected Status beneficiaries under the 2021 designation continue to be employment-authorized during the 60-day transition period. Accordingly, through this Federal Register notice, DHS automatically extends the validity of certain EADs previously issued under the 2021 Temporary Protected Status designation of Venezuela through [November 7, 2025]. Therefore, as proof of continued employment authorization… TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” dates of September 9, 2022, March 10, 2024, and September 10, 2025.

The official Federal Register Notice will be published on Monday.

USCIS Updates its Website on TPS for Honduras and Nicaragua

USCIS has updated its website to reflect the continuation of TPS for Hondurans and Nicaraguans to September 8, 2025, as well as the auto-extensions of Employment Authorization Documents (EAD) to the same date.  This means that employees with expired or expiring EADs will now be able to remain in the U.S. until September 8, 2025, and resume or continue working until then. 

Employers should be aware that EADs bearing a category code A12 or C19 issued to beneficiaries from Honduras and Nicaragua have been auto-extended to September 8, 2025.  Employers should reverify the Form I-9 in a timely manner and, until USCIS provides further guidance, attach a printout of the relevant USCIS website page showing the auto-extension with the Form I-9.  For employers whose employees may have been terminated, these employees are eligible for rehire based on the auto-extension until September 8, 2025. 

Contact us with questions about TPS.

TPS for Nepal Appears to Have Been Terminated on August 20, 2025

On August 25, 2025, based on a recent court decision, USCIS updated its website for Temporary Protected Status (TPS) and removed Nepal from the list of designated countries.  USCIS also archived the TPS page for Nepal on August 25, 2025, and added an alert stating that “TPS benefits are no longer in effect as of August 20, 2025.”  A chart for Nepal on the archived page now shows that TPS continued through August 20th and the auto-extension of EAD card was no longer valid as of that date.

Based on the archiving of the TPS page for Nepal, as well as the USCIS Alert, it appears those with TPS from Nepal no longer have TPS or employment authorization as of August 20, 2025.  While there had been earlier guidance indicating that “EADs for employees with TPS from Nepal would be valid through Nov. 18, 2025,” it would appear to be no longer relevant.

Given the statement by USCIS, employers enrolled in E-Verify may want to run a Status Change Report to see if the Report includes the termination of EADs based on TPS for Nepal. Employers are encouraged to continue to check the USCIS website and E-Verify website for additional information.

Contact us with questions about TPS Nepal.

USCIS Updates Guidance on Discretionary Factors in Immigration Benefit Requests

USCIS updated its Policy Manual, effective August 19, 2025, to clarify the discretionary factors officers may consider when adjudicating immigration benefit requests.  The guidance includes consideration of alleged involvement with anti-American or terrorist organizations, as well as evidence of antisemitic activity. 

Contact us with questions about immigration benefit requests.

USCIS Proposes a Period of Admissions and Extensions of Stay Procedures for F and J Visas

For more than 30 years, foreign nationals entering the U.S. as students (F visas) and exchange scholars (J visas) have been given “duration of status (D/S)” admissions to the U.S. rather than the fixed periods of stay given to other nonimmigrants.   This has meant that an F or J visa holder could stay in the U.S. for as long as they have a valid I-20 or DS-2019 (issued by the academic institution) and as long as it took them to complete their studies or research (with certain limits and rules for eligibility for extensions).  Under a proposed rule, instead of being admitted D/S, individuals applying for admission in either F or J status would be admitted only until the program end date noted in their I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date. Individuals who need additional time beyond their authorized period of stay for any reason (e.g., to complete a program) must file an extension of stay application with USCIS.

There are other changes under the proposed rule:

• The current 60-day grace period for individuals in F status, during which time they can remain in the U.S. and prepare to depart, transfer to another program, or apply to change status, would be replaced with a 30-day grace period, which is currently the case for individuals in J status.
• Undergraduate F-1 students would not be allowed to change programs, majors, or educational levels within the first academic year of their program. F-1 students at the graduate degree level or above would not be allowed to change programs at any point during their program of study.
• Unless an exception has been authorized by SEVP (Student and Exchange Visitor Program), an F-1 student would not be allowed to transfer to another school until they completed an academic year of a program of study at the school that initially issued their I-20.
• If they do not timely apply for an Extension of Status or depart the U.S., F and J individuals would begin accruing unlawful presence as soon as their specified admission period expires.

Comments on the proposed rules are being accepted until September 29, 2025.  The rule will not become final until after USCIS reviews all the public comments on the proposed rule, submits a final rule (with possible revisions based on comments) for review within the federal administration, and then publishes a final rule in the Federal Register with a future effective date.

Lawful Permanent Resident Employees Detained at a U.S. Port of Entry Should Know Their Rights

In most cases, Lawful Permanent Residents (LPR) returning from foreign travel are admitted to the U.S. without incident.  However, all non-citizens returning to the U.S. now face increased scrutiny at the border and could be detained. Click here to view the client flyer that explains the process at the port of entry and the rights of LPRs.  Insert client flyer here.

Contact us with questions about visa processing returning to the U.S. as an LPR.