New I-9 Risks from CHNV and TPS Terminations

The federal government has taken aggressive steps to revoke work authorization for hundreds of thousands of foreign nationals previously protected under humanitarian parole and Temporary Protected Status (TPS), including individuals from Cuba, Haiti, Nicaragua, Venezuela, and several other countries. 

These policy changes, paired with limited employer notification, are creating unprecedented I-9 compliance challenges.

Key Developments:

• Revocation of CHNV and TPS Work Authorization: DHS has terminated parole or TPS for several nationalities, triggering immediate loss of work authorization for many employees.
• E-Verify “Status Change Report”: As of June 20, 2025, E-Verify employers now receive reports identifying employees whose EADs may have been revoked. DHS appears to treat this as constructive knowledge of unauthorized employment, even if the report is inconclusive.
• No Employer Notification Outside E-Verify: Employers not enrolled in E-Verify are not currently receiving similar alerts, creating risks of inadvertent non-compliance.
• Enforcement Risk is Rising: DHS and DOJ may interpret inaction as “willful blindness” or “reckless disregard,” triggering penalties under INA § 274A and possibly § 274B for discrimination if reverification is mishandled.

Recommended Employer Actions:

1. Establish a Protocol: Create a documented policy for reviewing E-Verify status change reports and conducting reverification where needed.
2. Conduct Targeted I-9 Reviews: Focus especially on employees with EADs in categories C11 (CHNV) or A12/C19 (TPS).
3. Avoid Over-Correction: Do not reverify individuals unnecessarily. Treat employees fairly and without discrimination during the reverification process.
4. Safeguard PII: Ensure proper handling of sensitive data from DHS reports to comply with privacy requirements.
5. Monitor Litigation & Guidance: Legal challenges are ongoing, and guidance may evolve.

Bottom Line: The government’s new approach signals increased scrutiny of I-9 compliance. Employers—especially those using E-Verify—should act promptly but carefully to reduce liability exposure.

For more tailored guidance, or to establish compliant protocols, please contact Peter F. Asaad, Esq.

About Peter F. Asaad, Esq.:

Peter F. Asaad, Esq. is a Partner at PLG with twenty years of experience in corporate immigration law. Specifically, he has substantial expertise addressing work authorization needs and corporate compliance, including hiring and retention under appropriate visa categories for employment in the U.S. to maintain work authorization, and I-9 compliance to stay clear of costly regulatory violations. 

Mr. Asaad has extensive experience developing and managing corporate immigration programs for multinational companies. His background includes representing corporations to develop and manage streamlined H-1B, L-1A and other temporary work visas as well as permanent status through green card sponsorship while maintaining corporate compliance. 

Mr. Asaad is sought out by organizations due to his reputation for proactive management, responsive communication, and his deep understanding of immigration law to ensure compliance and a streamlined process. Indeed, he has been recognized by the American Bar Association (ABA) “as one of the nation’s leading” attorneys in the field of immigration law and by the American Bar Foundation (ABF) as among the “top one-third of one percent” of the lawyers in Washington, DC. He is listed as a top Corporate Immigration Lawyer by Who’s Who, and ranked a top-rated AV lawyer by Martindale-Hubbell. He has also been recognized among Washingtonian Magazine’s “Top Lawyers” in immigration law for over a decade and listed in The Best Lawyers in America®: Immigration Law. Mr. Asaad is past president of the American Immigration Lawyers Association (AILA), DC Chapter, where he furthered the education needs of over 900 immigration lawyers. Prior to holding this position, Mr. Asaad served as Co-Chair of the American Bar Association (ABA) Immigration Litigation Committee for several years and served as Chair of the DC Bar Immigration & Human Rights Committee. Mr. Asaad developed and taught an advanced course on business immigration as Adjunct Law Professor at American University, Washington College of Law. Mr. Asaad is the architect of the IN2NYC program and former Special Counsel to New York City. On behalf of the Mayor of New York City and the New York City Economic Development Corporation (NYCEDC), in partnership with the City University of New York (CUNY) and New York University (NYU), he developed and launched IN2NYC, the first municipal visa program in the nation of its kind designed to help international entrepreneurs collaborate with universities to create jobs in the United States.