Search results for: venezuela

On Oct. 12, 2022, the Department of Homeland Security announced a new migration process for Venezuelan nationals. Eligible Venezuelan nationals and their immediate family members may request advance authorization for travel and temporary parole for up to two years in the United States, including work authorization. Parolees must have a supporter in the United States who will provide financial and other support, among other requirements. In order to start the process, the supporter must file a Form I-134, Declaration of Financial Support, with USCIS for each proposed beneficiary. The form includes information on the income and assets of the supporter.

If the Form I-134 is deemed to be sufficient, the beneficiary will be contacted by USCIS to continue the request process, proving additional information and attestations of eligibility to USCIS. In order to be eligible for advance travel to the United States to request parole at the border, a person must:    

  • Be a national of Venezuela or be an immediate family member (spouse, common-law partner, or unmarried child under the age of 21) of an eligible Venezuelan and traveling with them;
  • Possess a passport valid for international travel;
  • Be outside the United States;
  • Have a U.S.-based supporter who filed a Form I-134 on their behalf that USCIS has vetted and confirmed;
  • Provide for their own commercial travel to a U.S. airport and final U.S. destination;
  • Undergo and clear required screening and vetting;
  • Not be a permanent resident or dual national of any country other than Venezuela, and not currently hold refugee status in any country;
    • This requirement does not apply to immediate family members (spouse, common-law partner, or unmarried child under the age of 21) of an eligible national of Venezuela who they are traveling with.
  • Not be an unaccompanied child;
    • Children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.
  • Not have been ordered removed from the United States within the past 5 years or be subject to a bar based on a prior removal order;
  • Not have crossed irregularly into the United States, between ports of entry, after Oct. 19, 2022;
  • Not have unlawfully crossed the Mexican or Panamanian borders after Oct. 19, 2022; and
  • Comply with all additional requirements, including vaccination requirements and other public health guidelines.

When the Venezuelan national arrives at the United States port of entry, there will be additional screening and vetting. If granted parole, it will typically be for two years. Once granted parole, Venezuelan nationals may apply for employment authorization and request a social security number.   Parolees should note that their parole will be terminated if they depart from the United States without obtaining advance authorization to travel, among other restrictions. Venezuelan nationals wishing to request permission for advance travel and parole may wish to contact an immigration attorney to discuss the eligibility requirements. Additional information is also available on the USCIS website.

*Special thanks to Jessica DeNisi for her valuable contributions to this GT blog post.

On a second trip to the House floor in a week, HR 549 (the Venezuela TPS Act of 2019) was passed by the House with a bipartisan vote of 272-158. The bill failed to obtain two-thirds of the House for suspension calendar passage on July 23 and was resurrected by sponsors on July 24 for reconsideration in the House under a simple majority vote for passage.

As summarized by Congressional Quarterly:

This bill grants temporary protected status (TPS) to Venezuelans in the United States for an initial period of 18 months. It expresses the sense of Congress that Venezuela’s economic, humanitarian, security, and refugee crisis has resulted in extraordinary and temporary conditions that currently prevent Venezuelan nationals from safely returning to Venezuela.

Under the measure, to be eligible for TPS status the individual must have been continuously present in the United States since the bill’s enactment, be otherwise admissible to the United States as an immigrant, and register for TPS status with the Homeland Security Department.

Individuals granted TPS status under the bill may travel outside the United States as long as he or she demonstrates than an emergency or an extenuating circumstance beyond their control requires them to travel.

The bill requires TPS applicants to pay a surcharge of $360 in addition to any other application fees, although the Homeland Security secretary could waive the surcharge.

Besides being yet another immigration bill passing either body of Congress, this bill uniquely “legislates TPS” status for Venezuela outside the existing executive process. Advocates hope that strong passage in the House will encourage the Senate to act quickly, perhaps as soon as next week before August recess.   

For more on Temporary Protected Status, click here.

The Venezuelan opposition-controlled National Assembly recently acknowledged the significant obstacles for Venezuelans in extending or obtaining new passports, and issued a decree extending the validity of already issued Venezuelan passports for five years.

The U.S. Department of State announced on June 7 it will recognize the decree and accept Venezuelan passports accordingly. This is positive news for Venezuelans applying for U.S. visas and seeking entry into the United States, as their passports will now be considered valid for an additional five years beyond the printed date of expiration.

Other countries have also endorsed this mandate by opposition leader Juan Guaidó, whom the United States and over 50 other nations consider Venezuela’s legitimate president. Venezuelan passport holders should continue to monitor this situation regarding any upcoming international travel and consult destination countries’ policies on the matter.

For more on Venezuela, click here.

On Oct. 16, 2025, the U.S. Department of Homeland Security (DHS) published a final rule in the Federal Register establishing a new $1,000 immigration parole fee required by the H.R. 1 Reconciliation Act. That same day, U.S. Citizenship and Immigration Services (USCIS) confirmed immediate implementation for some individuals who are granted parole, re-parole, or parole in place on or after the effective date. This fee does not impact those individuals who have traveled briefly abroad on Advance Parole that was granted based on a pending I-485 Application.

Overview of Parole and Fee Application

Parole allows DHS to permit a noncitizen to enter or remain temporarily in the United States without being formally admitted, when justified by urgent humanitarian reasons or significant public benefit. Parole is discretionary and temporary; it does not confer visa status or a path to permanent residence. The $1,000 fee applies when DHS grants parole, not when a request is filed, and it may also apply to individuals previously granted parole who are re-paroled or extended after Oct. 16, 2025. Individuals who already hold valid parole granted before that date are not charged retroactively. The fee attaches only when a new grant of parole is issued. As a result, DHS will not collect or bill for the fee on existing parole periods, though future extensions or re-paroles will trigger payment.

Frequency and Duration of the Fee

The fee is assessed each time parole is granted, including initial approval, re-parole, or extension. It covers the entire period authorized in a single grant and is not charged per entry while that parole remains valid. For example, if a parole document permits multiple entries during its validity, those re-entries are covered by the same fee. However, any new parole authorization or extension will require a new $1,000 payment. A family of four paroled under a humanitarian program would owe $4,000 upon approval, and another $4,000 if re-paroled later. The structure is per grant, not per household or lifetime.

Payment Procedures and Timing

The rule provides that the fee is due at the time parole is granted. USCIS will collect payment for parole and re-parole requests it adjudicates, typically those filed on Form I-131; U.S. Customs and Border Protection (CBP) will collect the fee at ports of entry; and U.S. Immigration and Customs Enforcement (ICE) will collect it for individuals paroled from custody. Each agency will issue a conditional approval notice requiring payment before parole becomes effective. To date, USCIS has not indicated how long applicants will have to make payment after receiving a conditional approval. The Federal Register specifies only that the notice will “specify a date by which payment of the fee must be made.” Until DHS issues further guidance, applicants may expect a short payment window and plan accordingly.

Limited Exceptions and Employer Carve-Outs

DHS may waive the fee in limited cases where the applicant meets one of 10 statutory exceptions, including life-threatening medical emergencies, organ donation, accompanying parents or guardians of affected minors, urgent family visits or funerals, adopted children with critical medical needs, individuals paroled to attend immigration proceedings, certain Cuban or Haitian entrants defined in §501(e) of the Refugee Education Assistance Act of 1980 (including participants in the Cuban and Haitian Family Reunification Parole programs), and those whose parole provides a significant public benefit such as law-enforcement cooperation.

The rule includes an exception for adjustment of status applicants (Form I-485) who travel briefly abroad and return to the United States on an advance parole. This category covers both employment-based and family-based green card applicants who are beneficiaries of I-140 or I-130 petitions. The rule expressly exempts them from the new $1,000 fee when re-entering on a valid advance parole associated with a pending adjustment application. However, DHS has not defined what constitutes a “brief” trip abroad for purposes of this exception, leaving some ambiguity as to the duration of travel that will preserve eligibility for the fee exemption.

Who Is Most Affected

The group most affected by the rule are humanitarian and discretionary parole recipients, including nationals of Afghanistan, Ukraine, Nicaragua, and Venezuela, among others, paroled under case-by-case or programmatic DHS initiatives. These individuals often must renew parole periodically to maintain lawful presence or employment authorization. For these individuals, the recurring $1,000 per-person fee represents a new cost consideration, particularly for families or sponsors who manage parole renewals every one to two years.

Implications for Employers and HR Teams

Although employer-sponsored green-card applicants remain exempt, the rule adds complexity for organizations supporting humanitarian, dependent, or discretionary parole cases. A $1,000 payment per grant is a material cost, and conditional approvals may require careful monitoring to avoid lapses.

HR and legal teams should consider:

  • Incorporating the new fee into global-mobility and immigration budgets,
  • Confirming payment timelines upon receipt of conditional approvals,
  • Educating affected employees about the requirement, and
  • Consulting counsel to determine if an exception applies and to prepare supporting documentation.

USCIS and DHS may release further guidance clarifying payment procedures, adjudication standards, and uniform deadlines in the coming weeks.

Conclusion

The $1,000 parole fee represents a policy shift in DHS’ parole framework. Employers might use the rule as an opportunity to plan, budget, and communicate with employees and better manage parole-based travel and compliance.

The U.S. Department of State’s National Visa Center (NVC) has issued updated guidance that impacts employment-based immigrant visa applicants, including EB-5 investors. This change is especially relevant for globally mobile professionals and investors residing outside their country of nationality.

Key Policy Changes

Applicants must now

  • Interview for the immigrant visa in their country of residence, or
  • Request to interview for the immigrant visa in their country of nationality, subject to approval.

To attend the immigrant visa interview at a consular post, applicants must submit proof of legal residence in the country where their case is assigned. This applies to all employment-based categories, including:

  • EB-1 (Executives, Researchers)
  • EB-2 (Advanced Degree Professionals, NIW)
  • EB-3 (Skilled Workers)
  • EB-5 (Investors)

Acceptable Proof of Residency Includes

  • Passport with a residency stamp,
  • Valid work or student visa,
  • Legal permanent resident card or landing document,
  • Refugee or humanitarian documentation, or
  • Other official documentation confirming lawful residence.

Importantly, having a visitor visa would not qualify an applicant to interview in a country; evidence of a longer-term visa or status is required.

Designated Processing Posts for Countries Without US Consular Operations

Applicants from countries where the United States does not conduct routine visa services must attend interviews at designated alternate posts. Below is a summary of current assignments:

NationalityDesignated Location(s)
AfghanistanIslamabad
BelarusVilnius, Warsaw
ChadYaoundé
CubaGeorgetown
HaitiNassau
IranDubai
LibyaTunis
NigerOuagadougou
RussiaAstana, Warsaw
SomaliaNairobi
South SudanNairobi
SudanCairo
SyriaAmman
UkraineKrakow, Warsaw
VenezuelaBogotá
YemenRiyadh
ZimbabweJohannesburg

Important Takeaways

  • Third-country processing is not permitted unless special circumstances apply.
  • Traveling to another country solely to apply for a visa does not qualify as a special circumstance.
  • There may be delays if applicants do not provide sufficient proof of residence in the assigned country.
  • Existing appointments for nonimmigrant visas may not be canceled, but applicants may be refused under INA §214(b) if they cannot prove residence.

Considerations for Employers and Investors

  • Confirm assigned consular posts.
  • Gather and submit appropriate residency documentation.
  • Contact your immigration counsel to request a transfer or explain special circumstances, if needed.

It is critical for companies and EB-5 investors to prepare documentation and coordinate through counsel with the NVC to enhance timely and compliant visa processing.

On Sept. 6, 2025, the U.S. Department of State issued updated guidance directing that nonimmigrant visa (NIV) applicants (E, F, H, J, L, O, etc.) must generally schedule their visa interview appointments at a U.S. embassy or consulate in their country of nationality or legal residence.

For nationals of countries where routine NIV processing is not available, the guidance specifies designated embassy or consulate posts.

Below is an overview of what employers and foreign national employees should be aware of under the new policy, and practical considerations to help mitigate its impact.

What the Policy Says

Applicants must schedule interviews in their country of nationality or country of residence. If applying based on residence (rather than nationality), the applicant must be able to demonstrate legal residence in that country. For certain countries without routine visa operations, the Department of State has designated specific embassies or consulates (for example, Iran → Dubai; Venezuela → Bogotá; Russia → Astana or Warsaw; Ukraine → Krakow or Warsaw; etc.). Visa application fees remain non-refundable and non-transferable, even if the applicant is found ineligible due to interview location. Applicants applying outside of their country of nationality or residence may face longer wait times for appointment scheduling. Existing appointments generally will not be cancelled. Exceptions apply for diplomatic and official visas, certain UN-related visas, and humanitarian or medical emergencies.

Practical Implications for Employers and Employees

This policy shift has several practical implications for companies sponsoring nonimmigrant visas and the foreign nationals they employ.

Applicants may face longer appointment backlogs in their country of residence or nationality, since the option of scheduling in third countries with shorter wait times has been curtailed. Employers should factor in potential delays when planning start dates, project timelines, and mobility schedules.

Employees applying based on residence must provide evidence of legal residence in that country (for example residence permits, lease agreements, local tax records, utility bills, or visa stamps). Employers and immigration teams may wish to assist employees in gathering this documentation before scheduling.

Some employees temporarily abroad for business or tourism, but not legally U.S. residents, will need to return to their country of residence (or designated processing post) to apply, potentially incurring additional travel, lodging, and logistical expenses. Employers may wish to budget for or mitigate these costs in their mobility or relocation planning.

If an applicant mistakenly schedules an appointment in a third country without satisfying the residence requirement, there is risk of delays, additional scrutiny, or loss of the processing fee. Employers should coordinate with counsel or local embassy guidance when booking appointments to enhance compliance.

HR and immigration teams should consider reviewing internal visa onboarding or mobility checklists, updating processes, training employees and mobility stakeholders about the new requirement, verifying residence eligibility, identifying appropriate consular posts, and building buffer time into planning cycles.

Individuals with existing appointments at embassies or consulates where they are applying as third-country nationals may wish to consider cancelling those appointments and rebooking in their home country. Immigration practitioners are reporting that consular officers in some locations are informing applicants they must process their cases in their home country. This is not being applied consistently at all consulates, which means applicants may face uncertainty or inconsistent treatment if they proceed with a third-country appointment.

Employer Considerations

To address this change proactively, employers may wish to consider:

  1. Reviewing all pending or upcoming NIV cases and confirming whether the interview location aligns with the new requirement;
  2. Ensuring employees gather residence evidence in advance of booking appointments;
  3. Starting visa planning earlier to accommodate possibly longer appointment wait times;
  4. Incorporating additional buffer time in project and mobility timelines, especially when international relocation or training assignments are involved;
  5. Budgeting for potential extra travel or lodging costs if employees must return to their country of residence or designated processing post;
  6. Advising employees with third-country appointments to cancel and rebook in their home country, given reports of consular officers enforcing the residence-based rule;
  7. Coordinating with local consular resources or outside counsel in the countries involved to monitor appointment availability and evolving consular practices; and
  8. Communicating the change clearly to employees, especially those on temporary assignments or remote postings, so they understand the new constraints and can plan accordingly.

Conclusion

The September 2025 Department of State directive requiring NIV applicants to interview in their country of nationality or legal residence introduces a meaningful shift for U.S. employers and their foreign national workforce. While the policy aims to localize adjudication and improve the alignment of interview processing with applicants’ residence, it also brings potentially new complexities: logistical planning, documentation, scheduling delays, and costs. Employers sponsoring nonimmigrant visas should consider treating this as a new baseline for visa planning. Early coordination, intentional timeline buffers, logistical planning for potential travel burdens, and clear communication with employees may be helpful in minimizing disruptions and ensuring timely visa processing.

Why These Documents Matter for Employers

Until recently, U.S. employers faced some uncertainty about how the June 4, 2025, Presidential Proclamation restricting entry from 19 countries would be implemented. While the proclamation itself outlined broad restrictions and limited exceptions, it provided little detail about the practical processes, approval standards, or internal government priorities that would govern day-to-day visa adjudications. In late August 2025, Department of State (DOS) guidance cables were released providing employers with valuable insight into how these restrictions operate in practice. (See DOS Cables, “Demarche Points: Presidential Proclamation On Restricting,” June 8, 2025, AILA Doc. No. 25090200 (posted Sept. 2, 2025)). The cables provide specific procedural requirements for National Interest Exceptions (NIE), including exact approval authorities and workflow processes that were previously unknown. The guidance provides examples of what types of travel will and will not qualify for exceptions, along with DOS priorities and the “America First” framework guiding decisions. DOS also detailed processing instructions including refusal codes, annotation requirements, and documentation standards, while clarifying proclamation language through operational guidance. For employers, this guidance may eliminate guesswork about whether specific business needs qualify for exceptions and provides insight into the government’s interpretation of the proclamation’s terms.

Countries Affected

On June 4, 2025, President Donald Trump issued Presidential Proclamation 10949, which suspends the entry of nationals from 19 countries under Section 212(f) of the Immigration and Nationality Act (INA). The restrictions, which took effect on June 9, 2025, impose a full suspension of entry for nationals of 12 countries (Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen) and a partial suspension for nationals of seven additional countries (Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela). For the partial-suspension countries, visa categories widely used by employers, such as B-1/B-2 business visitors and F, M, and J student and exchange visitor visas, are blocked unless an exception applies. DOS confirms that the suspension applies only to foreign nationals who are outside the United States and do not hold a valid visa on the effective date. Importantly, no visas issued before June 9, 2025, were revoked because of the proclamation, providing some protection for employees currently holding valid documentation.

National Interest Exceptions (NIEs): Internal Guidance Reveals Limited Scope

DOS guidance provides details about NIE processing that was previously unknown. Specifically, DOS instructs consular officers that NIEs should be “used rarely” and the “relationship of travel to U.S. national interests should be exceptional in nature.” The guidance emphasizes a “significantly higher standard” than previous travel restrictions and directs officers to consider applications “from an America First perspective.” Most significantly for employers, the guidance states that “routine purposes of travel including visiting family members in the United States, routine business travel, employment, or study in the United States will typically not be considered to be advancing a U.S. national interest.”

The NIE Review Process

DOS also details the complete NIE workflow, which involves multiple layers of review and approval. An applicant must first qualify for the underlying visa and complete all standard processing before being refused under Section 212(f) using a specific refusal code. The interviewing consular officer must then prepare a detailed action memorandum that the chief of mission (COM) must personally approve and forward to Washington, D.C. Final approval requires sign-off from the assistant secretary for consular affairs or senior bureau official. If approved, the visa must be annotated with specific language: “NIE to PP on [date] Travel.” The guidance notes that, by requesting an NIE, “the COM is personally attesting that the visa applicant’s identity is not in question, and that the applicant does not represent a threat to U.S. national security or public safety.” This personal attestation requirement demonstrates the high level of scrutiny and oversight applied to NIE decisions.

Qualifying and Disqualifying Factors for NIEs

DOS provides specific examples that potentially qualify for NIE approval, including travel for or on behalf of the U.S. government, including training for U.S. government employees, and travel at the request of a U.S. government department for legitimate law enforcement, foreign policy, or national security purposes. International sports competitions at the professional level may qualify, as may business with international organizations designated under the International Organizations Immunities Act. Critical missions or Department priorities endorsed by a COM and urgent, nonroutine humanitarian medical treatment not possible outside the United States round out the categories that might receive approval.

The guidance, however, is explicit about what will definitively not qualify. DOS states that applicants traveling for education, work, or training in the United States, including continuing students or resuming employment, will not receive NIE approval. Travel that would cause financial hardship, personal hardship including emotional distress, educational hardship, or noncritical harm to an applicant’s health and well-being is also excluded. The guidance specifically notes that applicants traveling to help or aid U.S. citizen family members or for routine commercial or business purposes will not qualify. Finally, DOS clarifies that qualifying for a Priority Appointment Request “does NOT in and of itself indicate the applicant meets the bar for national interest necessary for an NIE,” eliminating another potential pathway that employers might have considered.

Other Exceptions: Protected Categories and Special Circumstances

DOS confirms several categories that do not require NIE approval, including lawful permanent residents of the United States, dual nationals traveling on passports from non-designated countries, and holders of various diplomatic visa classifications such as A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, and NATO categories. DOS also provides details on the sports exception, clarifying that it applies only to athletes, coaches, persons performing a necessary support role, and immediate relatives. The guidance explicitly states that accredited media and commercial partners do not benefit from this exception, despite their involvement in major sporting events.

Iranian Religious and Ethnic Minorities

For Iranian nationals specifically, the cables identify particular groups who qualify for the Iranian minority exception. These include Ahwazi Arabs, Azerbaijani Turks, Baha’i, Balouch, Christians, Jews, Kurds, Sabean-Mandaeans, Sufi Muslims, Sunni Muslims, Yarsans, and Zoroastrians. The guidance notes that ‘it is not necessary that an applicant have experienced individualized persecution,’ broadening the potential applicability of this exception beyond those with direct persecution experience.

Potential Implications for U.S. Employers

DOS makes clear that virtually all employment-related travel is excluded from NIE consideration. This includes not just new hires, but “continuing students or resuming employment,” meaning existing employees or students may not qualify based on their employment or educational status. This represents a shift from previous travel restrictions that frequently permitted business-critical personnel through exception processes. The guidance’s explicit exclusion of “routine commercial or business purposes” eliminates some business travel justifications that employers previously relied on. The exceptions for U.S. government business or international organizations will apply to few private-sector needs, leaving some employers without viable pathways for business-critical travel from the affected countries. Employees from affected countries who hold valid visas issued before June 9, 2025, may continue to travel, but the guidance makes clear that obtaining replacement visas may be difficult.

What the Cables Tell Us

DOS’ guidance provides employers with clarity about government priorities and processes in this area. While the NIE pathway requires meeting specific criteria and involves thorough review procedures, understanding these requirements enables employers to make informed decisions about international mobility strategies. The structured review process, with its 90-day and 180-day assessment intervals, provides a framework for potential policy adjustments as countries work to address identified security and vetting concerns. Armed with this guidance, employers may wish to develop more targeted approaches to workforce planning and international operations.

On June 4, 2025, the president published the Presidential Proclamation: Restricting The Entry Of Foreign Nationals To Protect The United States From Foreign Terrorists And Other National Security And Public Safety Threats. Effective June 9, 2025, the proclamation restricts entry into the United States for nationals of 19 countries based on national security concerns, with a number of exceptions.

A. Countries Subject to a Full Entry Ban (Immigrant and Nonimmigrant Visas, Subject to Exceptions)

Nationals of the following 12 countries are barred from entering the United States under all visa categories, including both temporary (nonimmigrant) and permanent (immigrant) visas:

  • Afghanistan
  • Myanmar (Burma)
  • Chad
  • Republic of the Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Libya
  • Somalia
  • Sudan
  • Yemen

This includes business and tourist visas (B-1/B-2), employment-based visas (e.g., H-1B, L-1), student and exchange visas (F, J, M), and immigrant visa applications. Individuals from these countries will not be eligible for any U.S. visa, unless an exception applies.

B. Countries Subject to a Partial Entry Ban (Certain Visa Types Restricted, Subject to Exceptions)

For the following seven countries, entry is suspended under specific nonimmigrant visa categories, and in some cases, visa validity will be shortened, with consular officers instructed to “reduce the validity for any other nonimmigrant visa issued”:

  • Burundi
  • Cuba
  • Laos
  • Sierra Leone
  • Togo
  • Turkmenistan
  • Venezuela

The affected visa categories include:

  • B-1 (business visitors)
  • B-2 (tourists)
  • B-1/B-2 (combined use)
  • F (academic students)
  • J (exchange visitors)
  • M (vocational students)

In addition, the Department of State will update visa reciprocity schedules to reflect shortened visa validity for certain classifications and nationals of these countries.

C. Exemptions and Clarifications

The following categories of individuals are not subject to the restrictions:

  • Individuals with valid U.S. visas issued before June 9, 2025
  • U.S. lawful permanent residents (green card holders)
  • Dual nationals traveling on a passport from a non-designated country
  • Holders of valid A, C-2/C-3, G, or NATO visas
  • Participants in major international sporting events, such as the World Cup or Olympics (as determined by the State Department)
  • Immediate relatives of U.S. citizens or permanent residents, with valid IR-1, CR-1, IR-2, CR-2, or IR-5 immigrant visas and evidence of the family relationship
  • Foreign nationals entering on adoption-related immigrant visas, including IR-3, IR-4, IH-3, and IH-4
  • Recipients of Afghan Special Immigrant Visas
  • Individuals fleeing persecution in Iran, specifically ethnic and religious minorities issued immigrant visas
  • Asylees and individuals with withholding of removal or protection under the Convention Against Torture
  • Individuals granted a discretional exception by the attorney general (for DOJ-related proceedings) or the secretary of state (if deemed in the national interest), in coordination with the secretary of homeland security

Employer Considerations

  • Review Your Workforce: Identify any employees, candidates, or international assignees who are nationals of the affected countries.
  • Advise Against International Travel Where Relevant: Affected individuals currently in the United States should consider avoiding international travel until further guidance is available, especially if they hold visas that may now be restricted.
  • Evaluate Ongoing Visa Applications: Any pending visa applications involving nationals from the listed countries should be reviewed to assess risk and determine next steps.

Stay Informed: Additional guidance from the Departments of State and Homeland Security, including waiver procedures and updates to visa reciprocity tables, may be forthcoming.

On March 25, 2025, the Department of Homeland Security (DHS) announced the termination of the parole processes for citizens or nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV parole programs). This decision will affect employers who must navigate the employment eligibility of affected individuals while ensuring compliance with anti-discrimination provisions outlined in the Immigration and Nationality Act (INA). The termination of these programs means that any parole status and employment authorization derived through CHNV parole programs will end by April 24, 2025. Employers must take steps to manage the reverification of affected employees’ employment eligibility without engaging in discriminatory practices.

Understanding the Challenges

As part of the CHNV parole programs, employment authorization documents (EADs) issued to beneficiaries bear the category code (C)(11). However, this code is not exclusive to CHNV beneficiaries, making identification difficult. Additionally, some CHNV beneficiaries may have updated their Forms I-9 with EADs that have validity dates extending beyond April 24, 2025. Employers who wish to ensure compliance face a complex challenge: how to identify affected employees for reverification without inadvertently violating the INA’s anti-discrimination provisions.

Employers who complete and retain paper I-9 forms, do not keep copies of identity and employment authorization documents, and do not participate in E-Verify may find the process particularly challenging. Sorting and extracting Forms I-9 based on “Foreign Passport and Country of Issuance” in Section 1, or by identifying Forms I-9 listing EADs in Section 2, may result in List A displaying overly broad findings, as these methods may capture individuals who are not CHNV beneficiaries and who hold valid employment eligibility.

Legal Compliance Considerations

The INA’s anti-discrimination provisions, particularly 8 USC § 1324b(a)(1)(A) and (a)(6), prohibit employers from treating employees differently based on citizenship, immigration status, or national origin. Employers are also prohibited from requesting additional or different documentation from employees based on these factors. The Department of Justice’s Immigrant and Employee Rights (IER) Section, formerly the Office of Special Counsel (OSC), has emphasized that employers should avoid making employment decisions—including reverification processes—based on an employee’s citizenship, immigration status, or national origin.

In the meantime, employers should consider:

  1. Maintaining thorough records of the reverification process to demonstrate compliance with federal requirements and anti-discrimination provisions.
  2. Conducting internal audits to ensure that no employees are treated differently based on citizenship, immigration status, or national origin during the reverification process.
  3. Providing training to HR personnel and compliance teams on how to handle reverification without violating INA provisions, emphasizing the importance of treating all employees consistently and fairly.
  4. Tracking the expiration dates of employees whose employment eligibility needs to be reverified.
  5. Notifying affected employees of their upcoming need to provide updated documentation, regardless of their citizenship or immigration status. Do not request specific documents or additional information beyond what is required.

Key Takeaways

This issue represents new territory which has not been thoroughly analyzed or reviewed to date by authorities. IER technical guidance may be forthcoming on what U.S. employers should do if a particular classification of employment eligibility is suddenly terminated by the government, but some beneficiaries in that classification have updated their Forms I-9 with employment authorization validity dates that go beyond the termination date (April 24, 2025).

Hosts Kate Kalmykov and Faraz Qaisrani delve into immigration directives, including increased visa scrutiny, changes to processing times, and new measures affecting business immigration. They address shifts in H-1B interpretation, treaty-based visa reforms, and the potential elimination of H-4 EADs. They also cover adjustments to consular visa operations that may disrupt employee travel, along with policies affecting TPS and humanitarian parole programs for specific countries like Ukraine, Venezuela, and Haiti.

The episode emphasizes the importance of employer preparedness, with recommendations such as conducting internal audits, training staff for compliance, and proactively planning for visa delays. Kate and Faraz also examine enforcement trends, including DHS site visits, I-9 audits, and possible workplace raids, outlining how businesses can mitigate risks and maintain good-faith compliance.

Additionally, strategies to address long-standing visa administrative processing delays, such as filing mandamus lawsuits, are discussed. As immigration policies remain fluid, Kate and Faraz note that employers should consider closely monitoring developments and seeking guidance from immigration counsel to anticipate challenges and ensure business continuity.

Click here to watch the episode.