TPS from Honduras, Nepal, and Nicaragua

Are Employees with TPS from Honduras, Nepal, and Nicaragua Still Authorized to Work?

Maggio Kattar

Following a February 9 ruling, employers with workers with TPS from Honduras, Nepal, and Nicaragua are facing renewed uncertainty as litigation over Temporary Protected Status (TPS) continues. Recent action by the U.S. Court of Appeals for the Ninth Circuit has raised a practical question for many employers: are TPS employees still authorized to work, and what are employers expected to do now?

What Changed With TPS from Honduras, Nepal, and Nicaragua?

A federal district court had previously blocked DHS from ending TPS for Honduras, Nepal, and Nicaragua. That order effectively allowed TPS protections — including work authorization — to continue while the case moved forward.

The Ninth Circuit has now paused that district court order while it considers the government’s appeal. This procedural step does not reinstate TPS, but it also does not direct that TPS end immediately.

What This Means for Work Authorization Right Now

The court’s order does not state that TPS beneficiaries are no longer work authorized, and USCIS has not issued updated guidance requiring employers to reverify or terminate affected employees.

As a result, employers do not currently have a clear agency directive indicating that TPS-based work authorization for Honduras, Nepal, or Nicaragua has ended.

How Employers Will Know When Action Is Required

Employers are not expected to interpret court orders on their own. Instead, changes to work authorization typically come through:

  • USCIS Federal Register notices
  • USCIS I-9 or TPS guidance
  • E-Verify system notifications, for participating employers

For employers enrolled in E-Verify, DHS may identify affected employees through the E-Verify Status Change (Revocation) Report, which should be reviewed regularly.

What Employers Should Do Now

While TPS remains in legal limbo, employers should:

  • Continue standard I-9 compliance practices
  • Track TPS-related EAD expiration dates
  • Monitor USCIS and E-Verify guidance closely
  • Prepare for prompt reverification if and when guidance is issued
  • Avoid premature reverification or adverse action

Bottom Line

TPS for Honduras, Nepal, and Nicaragua remains unresolved. The latest court action does not clearly change work authorization today, and employers should wait for formal agency guidance before taking action.

We are closely monitoring developments and will provide employer-focused updates as soon as additional guidance becomes available.