Overview of the TPS Wind-Down and Its Corporate Immigration Impact

The Department of Homeland Security (DHS) has announced that Temporary Protected Status (TPS) for Afghanistan and Nepal will expire in 2025. This change affects the employment eligibility of TPS beneficiaries and requires prompt action from HR teams managing corporate immigration support.

• Afghanistan TPS ended: May 20, 2025 (60-day grace period to July 14, 2025)
• Nepal TPS ends: June 24, 2025 (grace period until August 5, 2025)

Companies employing TPS beneficiaries should begin preparing for transitions to other visa classifications or immigration pathways.

What Is TPS and Why It’s Ending

Temporary Protected Status allows individuals from designated countries facing armed conflict, natural disasters, or extraordinary conditions to remain and work lawfully in the U.S.

• Afghanistan was granted TPS in 2022 and extended through 2025 under the Biden administration.
• Nepal’s designation was similarly extended.
• The Trump administration has now decided not to renew these designations, citing improved country conditions.
• Legal challenges are expected, but employers should proceed as though the terminations will take effect.

Compliance Alert: Employment Authorization and Form I-9 Updates

What Employers Must Know About I-9 Compliance

HR leaders must ensure continued Form I-9 compliance as these TPS designations end. Employees from Afghanistan and Nepal with valid TPS work authorization are permitted to work until:

• Afghanistan: July 14, 2025
• Nepal: August 5, 2025

Valid EADs for Work Authorization

Affected employees may present Employment Authorization Documents (EADs) with category A12 or C19, including expiration dates such as:

• Afghanistan: November 20, 2023, or May 20, 2025
• Nepal: Various years (2018 through 2025), most recently June 30, 2024, and June 24, 2025

Employers must reverify these documents and update the Form I-9 to reflect the extended expiration dates.

Strategic Guidance: Corporate Immigration Support Options

Screen for Alternative Immigration Pathways

HR and People Operations teams should begin evaluating whether impacted employees qualify for any other U.S. immigration status. Key alternatives include:

• H-1B process: For professionals in specialty occupations, this may be viable if employees meet eligibility requirements and either were selected in the H-1B registration process or can work for a cap exempt employer.
• Family-based immigration sponsorship if the employee has a U.S. citizen spouse or parent.
• Asylum: if the employee has a well-founded fear of persecution if they return to their home country.
• Other nonimmigrant categories if qualified (e.g., O-1)
• PERM Labor Certification: PERM may be considered in conjunction with one of the other options as a potential long-term strategy for employees seeking green card sponsorship through employment-based immigration.

Because the expiration dates are rapidly approaching, a timely assessment of options is crucial to avoid an interruption of work authorization.

Partnering with Meltzer Hellrung for Corporate Immigration Support

Our firm is prepared to help HR teams and corporate leaders promptly navigate these complex scenarios with confidence. We offer:

• Individualized assessments of employee eligibility for other visa categories
• Strategic planning with respect to the employment verification process and Form I-9 compliance
• Timelines for documentation preparation and support tailored to your business needs

Contact Us

Reach out to your designated Meltzer Hellrung attorney to discuss next steps and ensure uninterrupted compliance and business operations.