Staying Compliant with I-9 Rules Amid Changing Work Authorization Policies
Introduction:
The landscape of work authorization for certain nonimmigrant populations—especially those with Temporary Protected Status (TPS) or parole-based status—is changing rapidly. Recent DHS announcements have shortened or revoked automatic extensions, leaving employers uncertain about how to remain compliant with I-9 requirements. Employers may have accepted valid documentation earlier in the year—only to find that documentation invalidated months later due to federal action. This article outlines how to handle these shifts while maintaining compliance and avoiding violations of anti-discrimination rules.
What’s Changing:
Work authorization extensions for several groups have been altered:
- CHNV Parole Programs: The Department of Homeland Security (DHS) announced the termination of the parole processes for nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV). The termination is effective April 24, 2025, or 30 days after publication in the Federal Register. Beneficiaries must depart the U.S. by that date or risk deportation.
- Haiti TPS: On June 4, 2024, Haiti’s TPS designation was extended and redesignated. However, on February 24, 2025, DHS partially vacated this decision, impacting the validity of work authorizations for some beneficiaries.
- Venezuela TPS: The October 3, 2023, designation of Venezuela for TPS was terminated effective April 7, 2025. This termination affects individuals who obtained TPS under the 2023 designation.
These changes may retroactively invalidate or limit work authorization documentation that, on its face, may appear unexpired. Employers tracking reverification based on earlier notices may be unaware that certain documents are now invalid or expiring earlier than anticipated.
Why This Isn’t New—and Why It Matters:
While the details of TPS and parole changes are new, the underlying compliance risk is not. Employers have long faced similar issues with employees whose work authorization is based on dependent immigration status. For example:
- H-4 and L-2 Spouses: Their work authorization is directly tied to the continued status of the principal H-1B or L-1 worker. If the principal loses status (e.g., due to employment termination), the dependent spouse’s Employment Authorization Document (EAD) may become invalid—even if the document appears unexpired.
These scenarios underscore the need for internal compliance procedures that don’t rely solely on the face-validity of documents or previously announced end dates.
What Employers Can Do:
Audit I-9 Tracking Practices: Enhance internal systems to flag when work authorization was based on automatic extensions or dependent statuses—without recording immigration status or national origin. This enables targeted follow-up if policy changes affect validity.
Train HR Teams Carefully: Reverify only when due, based on the I-9 documentation presented. Do not ask about employees’ immigration category or country of origin. Avoid assumptions—treat all employees consistently and follow standard reverification timelines unless advised otherwise by counsel.
Work with Counsel When Changes Are Announced: DHS or court announcements may shift the validity of previously accepted documentation. Legal guidance is critical to avoid premature reverification, over-documentation, or potential discrimination claims.
Remind Employees of Their Responsibility to Report Status Changes:
Employees have a duty to support their employer’s compliance efforts by notifying HR or the appropriate point of contact if their work authorization changes or ends earlier than expected. Employers should communicate this expectation clearly in onboarding materials, compliance policies, or periodic reminders. While employers cannot ask about status unless reverification is triggered, they can and should emphasize that employees must proactively inform the employer if they are no longer authorized to work in the U.S.
Bottom Line:
Recent TPS and parole-related reversals are a reminder that work authorization is not always as durable as it appears. Employers should not rely solely on document end dates. A sound I-9 compliance strategy includes proactive internal controls, staff training, and legal oversight—especially when policy shifts may impact the workforce mid-cycle.