By: Dawn Lurie
As we have covered in prior blog posts on Temporary Protected Status (TPS) as it continues to evolve, this week brings significant developments. The Department of Homeland Security (DHS) announced the termination of TPS designations for Honduras and Nicaragua via separate press releases. The Federal Register notices followed on July 8th (Honduras and Nicaragua). This follows the termination of TPS in other countries including Afghanistan, Cameroon, Haiti, Nepal, and Venezuela.
What This Means for Employers
Honduran and Nicaraguan employment authorizations expired on Saturday, July 5, 2025. On Tuesday, DHS announced a 60-day automatic extension of these employment authorizations, with the validity extended through September 8, 2025.
These extensions provide a short but important transition period for employers. It means that individuals who previously held TPS from Honduras or Nicaragua remain authorized to work in the United States through early September, even if their Employment Authorization Documents (EADs) list an earlier expiration date. In the context of the recent terminations of Humanitarian Parole for Cuba, Haiti, Nicaragua, and Venezuela (CHNV) and Venezuela TPS, this 60-day window still presents operational challenges, as employers are left scrambling to replace workers who were, until recently, lawfully employed.
Employers who had already terminated or suspended employees on July 5th, should speak to their legal counsel and consider reinstatements based on DHS’ automatic extension.
The TPS Review and Termination Process
Although the official expiration date for work authorization had been July 5th, DHS has the authority to provide short-term extensions to allow for an orderly transition. Under the Immigration and Nationality Act, the Secretary of Homeland Security must, at least 60 days before a country’s TPS designation is set to expire or terminate, review conditions in the designated country to determine whether it continues to meet the legal requirements for TPS. This review must occur in consultation with appropriate U.S. government agencies.
The recent Federal Register notices reflect that this required review has taken place and that the Secretary has determined that both Honduras and Nicaragua no longer meet the conditions for TPS designation. The notices cite the improvements and progress in both countries. The 60-day extension of work authorization provides affected individuals and their employers a limited period to prepare for the end of the program.
Next Steps for Employers
- Notify HR and compliance teams about the automatic extension of work authorization through September 6, 2025.
- Specifically, as proof of continued employment authorization through September 8, 2025, TPS Nicaraguan beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of January 5, 2018, January 5, 2019, April 2, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, and July 5, 2025.
- Specifically, as proof of continued employment authorization through September 8, 2025, Honduran TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of January 5, 2018, July 5, 2018, January 5, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, and July 5, 2025.
- Update Form I-9 records as appropriate in light of the Federal Register notice.
- Monitor litigation filed by the National TPS Alliance (NTPSA). A new lawsuit challenges DHS’ termination of TPS for Honduras, Nicaragua, and Nepal. The outcome may impact timelines for loss of work authorization and legal status, so employers should stay alert for court developments that could change current deadlines.
For more information contact your Seyfarth relationship attorney or Dawn Lurie directly. The Seyfarth Immigration Compliance & Enforcement specialty group–recognized as national leaders in the field—is trusted by top Fortune 100 companies as well as small businesses across the country for strategic, practical advice. The group offers comprehensive guidance on Form I-9 and E-Verify compliance, ICE inspections, and worksite enforcement actions, internal immigration assessments, I-9 audits, DOL immigration-related wage and hour investigations, general H-1B compliance, and DOJ-IER anti-discrimination matters, including foreign sponsorship and export control/ITAR issues.
We will continue to monitor developments and provide timely updates.
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