Visa Lawyer Blog

Articles Posted in Employment Authorization Document

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hiring-1977803_1280On October 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule that will end the automatic extension of employment authorization documents (EADs) for most renewal applicants effective October 30, 2025.

In this post, we’ll unpack what’s changing, who it affects, the rationale behind the change, and what individuals and employers should do to prepare.

What was the previous policy?

Historically, noncitizens who held valid EADs (Form I-766) and timely filed a renewal application (Form I-765) before their current EAD expired often automatically received continued employment authorization while the renewal was pending. This “automatic extension” policy served as a buffer to prevent employment gaps.

These policies helped many workers avoid a lapse in authorization while waiting for processing of their renewal application.

What is changing now?

Starting October 30, 2025, the automatic extension of work authorization for most renewal applicants will end.

What to know

  • If you file your I-765 renewal on or after October 30, 2025, you will not receive an automatic extension of your EAD for most categories.
  • The rule affects many categories of renewal applicants, including (but not necessarily limited to) those applying under asylum, adjustment of status, H-4 dependent spouses (EAD category C26), etc.
  • Automatic extensions that were already granted (for renewal applications filed before the cut-off) remain valid.
  • Some limited exceptions remain, notably for certain categories such as those tied to TPS (Temporary Protected Status) where automatic extension may still be provided by law or Federal Register notice.

In short, you will not be authorized to keep working simply because you filed a renewal — you must wait for the new EAD to be approved by USCIS.

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Source: Flickr Creative Commons Attribution mollyktadams

Recent court documents submitted by the government in the case, State of Texas v. United States of America (1:18-cv-00068), reveal that the U.S. Citizenship and Immigration Services (USCIS) may soon resume processing initial DACA applications for individuals living outside of Texas.

Since 2021, new DACA requests had been halted due to a court order which was later applied only to the state of Texas.

Under the proposed plan, USCIS would process initial applications for applicants residing outside of Texas. For those living in Texas, the government would only grant deferred action, without employment authorization or recognition of lawful presence. Moving to Texas could jeopardize a DACA recipient’s work authorization.

The government’s plan still requires court approval, and USCIS has not yet shared any timeline or implementation details if it moves forward.

DACA Refresher

Deferred Action for Childhood Arrivals (DACA) is a program that allows individuals who were brought to the United States as children to remain in the United States temporarily and apply for work permits. While it does not grant legal status, it offers protection from deportation.

Those eligible for DACA include individuals who entered the country as children before their 16th birthday, were under 31 years old as of June 15, 2012, and have not been convicted of a felony, a significant misdemeanor, or three misdemeanors.

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update-1672349_1280On September 3, 2025, the Department of Homeland Security (DHS) announced the termination of the 2021 designation of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden.

The government’s actions mean that the 2021 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will expire on September 10, 2025. The termination becomes effective 60 days after publication of the Federal Register notice.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS protections for Venezuelan nationals.

What this means

  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries until September 10, 2025. The termination of the 2021 designation cannot take effect until 60 days after the termination notice is published in the Federal Register.

All TPS protection and associated work authorization will expire on the dates indicated above.

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dollar-2931882_1280On Tuesday, the U.S. Citizenship and Immigration Services (USCIS) will issue a Federal Register notice enforcing new fees for certain immigration benefit requests postmarked on or after July 22, 2025. Benefit requests submitted to the agency without the proper fees will be rejected.

These new fees are part of the H.R. 1 Reconciliation Bill. A portion of these new fees will be deposited into a U.S. Treasury account that primarily funds the operations of USCIS.

Please be aware that the Federal Register Notice does not include all the new fees mandated by the new bill. The Department of Homeland Security (DHS) will issue a future announcement regarding the implementation of fees that have not been addressed in Tuesday’s notice.

What are the new fees?

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gavel-7499921_1280In a stunning turn of events, on Tuesday a federal judge in New York blocked the Trump administration from ending Temporary Protected Status (TPS) benefits for Haitians ahead of schedule, ruling that DHS violated the law in attempting to strip deportations and work permits from over half a million Haitians.

The ruling comes in response to the Department of Homeland Security’s abrupt announcement that it would be terminating Haiti’s TPS designation effective September 2, 2025.

In a decision issued Tuesday, District Court Judge Brian M. Cogan found that accelerating the program’s expiration by at least five months was unlawful and that the government failed to follow required procedures mandated by Congress, such as conducting a review of current conditions in Haiti before ending its TPS designation—a requirement that was not followed in this case.

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united-states-supreme-court-6330563_1280On May 19th the U.S. Supreme Court handed the Trump administration a legal victory after the justices agreed to lift a lower court order that had previously stopped the President’s efforts to strip Venezuelans of deportation protections granted under Temporary Protected Status (TPS).

What is TPS?

Temporary Protected Status (TPS) is a humanitarian program allowing nationals of certain countries to remain in the United States temporarily, if the government has determined that it is unsafe for them to return to their home country for humanitarian reasons, such as armed conflict or a natural disaster.

It allows nationals of designated countries to live and work in the United States for a temporary period of time, during which they are protected from deportation. Those who qualify are given temporary employment authorization, which is automatically extended if the government extends their TPS validity period.

Biden’s Designation of Venezuela for TPS

The original TPS designation for nationals of Venezuela was issued on March 9, 2021, due to extraordinary conditions preventing their safe return to Venezuela (the 2021 designation). A separate re-designation was issued on October 3, 2023 (the 2023 designation).

Before leaving office, the Biden administration extended Venezuela’s 2023 designation for an additional period of 18 months, which was meant to last from, April 3, 2025, to October 2, 2026.

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ai-generated-9069949_1280On May 12, 2025, Secretary of Homeland Security Kristi Noem announced that the State Department will not renew Temporary Protected Status (TPS) benefits for Afghanistan once the current designation expires on May 20, 2025.

Beneficiaries will be granted a 60-day transition period to make preparations to either depart the United States or seek alternative lawful immigration status in the United States, before Afghanistan’s designation officially terminates on July 14, 2025.

Employment Authorization

Beneficiaries with valid TPS Employment Authorization Documents (EADs) will continue to be authorized to work during the 60-day transition period.

DHS announced the agency will be automatically extending the validity of certain EADs previously issued under the TPS designation of Afghanistan through July 14, 2025.

As proof of continued employment authorization through July 14, 2025, TPS beneficiaries can present an EAD that has the notation A-12 or C-19 under Category and a “Card Expires” date of November 20, 2023, or May 20, 2025.

How We Got Here

Afghanistan was initially designated for TPS during the Biden administration on May 20, 2022. The designation was made based on the Secretary’s determination of ongoing armed conflict and extraordinary conditions in Afghanistan preventing the return of its nationals.

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tingey-injury-law-firm-S2rcAJbBxX0-unsplash-scaledWe are pleased to report that on April 14, 2025, a Massachusetts federal judge issued a temporary nationwide injunction, suspending the Department of Homeland Security’s (DHS) termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs. The termination was set to take effect on April 24, 2025, and would have ended parole authorization and any associated benefits, including work authorization for individuals in the United States under the CHNV parole programs. The judge’s decision suspends the Trump administration’s cancellation of these programs.

What You Need to Know

  • A federal district court judge has issued a temporary nationwide injunction immediately blocking the Department of Homeland Security from terminating the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs, which were expected to terminate on April 24, 2025.
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statue-of-liberty-9275095_1280Today March 21, 2025, the Department of Homeland Security (DHS) released an advance copy of a notice in the Federal Register ending four Biden-era parole programs for Cuba, Haiti, Nicaragua, and Venezuela (CHNV).

When

The temporary parole period of aliens in the United States under the CHNV parole programs will terminate on April 24th (30 days from the date of the notice’s publication in the Federal Register)

Parolees without a lawful basis to remain in the United States following this termination of the CHNV parole programs must depart the United States before the program’s termination date.

Who will be impacted

Nationals from Cuba, Haiti, Nicaragua and Venezuela who flew to the U.S. under Biden’s CHNV humanitarian parole program.

Parolees granted admission under CHNV were given a temporary two-year parole period to remain in the U.S., work authorization, and protection from deportation. The purpose of the program was to reduce illegal immigration at the southern border and provide alternative legal avenues.

Approximately 532,000 nationals entered the United States using this program.

Termination of Employment Authorization Documents

Parole-based employment authorization for CHNV parolees will also automatically terminate on April 24th and will be revoked pursuant to 8 CFR 274a.14(b).

Expedited Removal

Following parole termination, DHS intends to promptly remove aliens who entered the United States under the CHNV parole programs, who do not depart the United States before their parole termination date and who do not have any lawful basis to remain in the United States.

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ukraine-7071043_1280We are pleased to report that the Department of Homeland Security recently announced that it will be extending Ukraine’s designation for Temporary Protected Status (TPS), for an 18-month period, from April 20, 2025, through October 19, 2026.

The extension was made based on the Secretary of Homeland Security’s assessment that Ukraine faces challenges that warrant ongoing humanitarian assistance based on the armed conflict and conditions preventing Ukrainian nationals from safely returning to their home country.

DHS estimates that Ukraine’s extension of TPS will allow approximately 103,700 current beneficiaries to re-register for TPS if they continue to meet the eligibility requirements.

TPS for Ukraine Informational Workshop

If you are in the San Diego area, the Law Offices of Jacob J. Sapochnick will be hosting an informational workshop about TPS benefits for Ukrainian nationals. We would be happy if you would join us.

When: Wednesday January 15, 2025 at 4 pm

Where: Mission Valley Library, Community Room

2123 Fenton Parkway San Diego, California

Who qualifies for TPS under Ukraine’s Designation?

You may be eligible to apply for TPS under Ukraine’s designation if you have continuously resided in the United States since at least August 16, 2023, and have remained continuously physically present in the United States since that date.

DHS reminds the public that TPS applications undergo rigorous national security and public safety vetting. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution. Individuals are barred from receiving TPS if they have been convicted of any felony or two misdemeanors.

Re-registration for current TPS recipients

Current beneficiaries under TPS must re-register during the 60-day re-registration period which will soon be announced on Ukraine’s TPS webpage. Qualifying beneficiaries who re-register and continue to meet the TPS eligibility requirements will be able to retain their TPS benefits and employment authorization.

Re-registration is limited to individuals who previously registered for and were granted TPS under Ukraine’s initial designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending work permits for 12 months, the validity of EADs previously issued under Ukraine’s TPS designation.

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