Supreme Court Decision Allows End of CHNV Parole Program
On May 30, 2025, the U.S. Supreme Court issued a decision allowing the federal government to proceed with the termination of the CHNV parole program, which was implemented in 2022 to provide temporary lawful entry and work authorization to eligible individuals from Cuba, Haiti, Nicaragua, and Venezuela.
The program was introduced as part of a strategy to discourage irregular border crossings by allowing up to 30,000 vetted individuals per month from these countries to enter the U.S. with a U.S.-based sponsor and obtain parole status for up to two years, including the right to apply for work authorization.
What This Means for Employers:
- Termination of the CHNV Program Does Not Immediately Invalidate Work Authorization:
Individuals already paroled into the U.S. under CHNV continue to hold valid status and work authorization until the expiration date noted on their documents (typically two years from entry or parole approval), unless otherwise specified by DHS. - Future Access to the Program Is Closed:
New applications or approvals under the CHNV parole program are no longer being accepted. Employers relying on this program as a labor channel should prepare for reduced availability of workers entering through this route.
Actionable Guidance for Employers:
Rely on Document Expiration Dates for I-9 Purposes:
Continue to accept valid Form I-766 (EAD) or Form I-94 with work eligibility until the document’s expiration date. No changes to existing I-9s are required unless reverification is triggered by approaching expiration.
Track Expiration Dates Internally:
If you employ individuals under CHNV parole, ensure your I-9 tracking systems are set to prompt reverification appropriately. Most will have two-year validity periods.
Issue a General Reminder (Non-Targeted):
Consider reminding all employees of their obligation to notify the company if their work authorization changes. This should be framed as a general policy reminder and not directed to any specific group.
Avoid Asking About Parole Type or National Origin:
Do not ask employees whether they entered through CHNV or another route. Employers are not required (and may be prohibited) from making these inquiries unless reverification is legally triggered.
Bottom Line:
While the CHNV program has been closed to new entrants, individuals already granted parole under the program retain valid work authorization through the expiration dates on their documents. Employers should update internal compliance protocols, avoid assumptions, and prepare for upcoming reverifications as those dates approach.