October 28, 2025 How To Stay I-9 Compliant in Today’s Immigration World

The current administration has ushered in an era of increasing immigration complexity, especially in the area of Temporary Protected Status.

By Jennifer L. Shanley and M. Carmen Ruiz

What is TPS?

Temporary Protected Status (TPS) is a country-specific humanitarian program impacting thousands of workers across industries, including manufacturing. In fact, according to a March 2025 report, an estimated 570,000 TPS beneficiaries are working in the U.S. labor force; 70,000 of which are in the manufacturing industry.

TPS is an immigration status for foreign nationals whose home countries the Department of Homeland Security (DHS) has determined to be unsafe due to conditions such as environmental disasters, armed conflicts, epidemics, or other extraordinary conditions.  Not only does TPS temporarily protect eligible individuals from deportation but also allows beneficiaries to work legally in the U.S. throughout the duration of their designated status, which is defined through a TPS-based Employment Authorization Document (EAD).

As of October 10, 2025, there are currently 12 countries designated for TPS: Burma, El Salvador, Ethiopia, Haiti, Lebanon, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. Several of these designations are the subjects of active and ongoing federal litigation, the basis of which is largely the Trump administration’s efforts to terminate various TPS designations.

In recent months, DHS has issued key updates regarding TPS extensions, redesignations, and EAD validity – all of which impact how employers complete and update Form I-9, DHS’s Employment Eligibility Verification form. Understanding how to best navigate these changes is critical for employers to ensure compliant employment practices, avoid potential penalties, and maintain workforce stability.

Venezuela as a TPS Case Study

The TPS designation for Venezuela has been extended, redesignated and terminated multiple times by DHS, highlighting how complex I-9 compliance can be for U.S. employers in the wake of federal developments and ongoing litigation. Most recently, DHS’s termination of Venezuela’s TPS designations have been the subject of an ongoing federal court battle, resulting in litigation-driven uncertainties that directly impact how employers verify their employees’ work authorization. The ongoing litigation has forced manufacturing employers to repeatedly update I-9 records and reverify work authorization for impacted employees each time DHS announcements and court rulings change the program’s validity period.

As of October 3, 2025, the 2021 designation for Venezuela is slated to terminate on November 7, 2025.  This development comes from DHS Secretary Noem’s publication in the Federal Register announcing the agency’s termination of the 2021 designation.

DHS Secretary Noem also terminated the 2023 designation earlier this year, where termination took effect on April 7, 2025. Shortly before it was to take effect, a federal court partially blocked the termination, preserving TPS for only a narrow carve-out of impacted individuals.

On September 5, 2025, a federal district court granted summary judgment in favor of TPS plaintiffs, leading DHS to reinstate the 2023 Venezuela designation. However, on October 3, 2025, the U.S Supreme Court granted DHS’s request to stay the district court decision that had reinstated the 2023 designation. In other words, DHS is now permitted to consider the 2023 designation terminated as of April 2025, rendering impacted individuals deportable and without work authorization while the litigation continues.

What does this mean for employers of Venezuelan TPS beneficiaries?

After the Supreme Court ruling, the U.S. Citizenship and Immigration Services (USCIS) updated its Venezuela TPS website to confirm that the Supreme Court had allowed the termination of the 2023 designation to “take immediate effect” and that “TPS beneficiaries who received an Employment Authorization Document on or before February 5, 2025, with a ‘Card Expires’ date of October 2, 2026, will maintain work authorization until October 2, 2026.”

USCIS has not published updated guidance on the I-9 central page since the Supreme Court ruling, so additional guidance regarding its implementation of the termination may be forthcoming.¹

Employers of impacted TPS beneficiaries may wish to contact immigration counsel for advice  on identifying their impacted workforce and next steps to consider.

Staying current with TPS-related announcements, training HR personnel accordingly, and perhaps employing immigration compliance counsel, might be appropriate  for maintaining compliance and avoiding discriminatory practices. As DHS continues to issue new guidance and TPS designations shift with geopolitical realities, a flexible and informed compliance strategy is the best defense against risk, and the best way to support a diverse, authorized workforce.

I-9 Compliance is A Moving Target, So What May Employers Consider Doing?

TPS provides vital humanitarian protection — and critical workforce continuity — across domains including the manufacturing industry. But for employers, it can create a level of compliance complexity that cannot be ignored.

Failure to comply with Form I-9 requirements, including the correct handling of TPS documentation and extensions, can result in civil penalties, discrimination claims, or disruption to business operations. Employers must invest in proactive education, systems updates, and consistent internal practices to stay ahead of the evolving regulatory landscape.

To remain I-9 compliant, employers, HR departments, and hiring managers may want to consider utilizing an I-9 Compliance checklist, including the following:

1. Stay Informed Directly from the Source (the federal government)

✓ Monitor updates in the Federal Register.
✓ Review Resources for Employers

• • USCIS Handbook for Employers (M-274): https://www.uscis.gov/i-9-central
  • DHS TPS Updates: https://www.uscis.gov/humanitarian/temporary-protected-status
  • Federal Register Notices: https://www.federalregister.gov/
  • E-Verify Program: https://www.e-verify.gov/

✓ For high-impact workforce decisions, consult with legal immigration counsel.

2. Review and Update I-9s, When Needed

✓ If an employee presents a facially expired EAD that has been auto-extended under TPS, refer to the appropriate DHS notice and ensure the expiration date matches.
✓ Update Section 2 of Form I-9 correctly, noting the extension, EAD category (TPS), and referencing the Federal Register citation.
✓ Do not reverify until the auto-extension period ends.
✓ An expired EAD with a matching auto-extension from DHS may be valid.
✓ A new EAD with updated dates and codes should be reviewed carefully for consistency.
✓ Accept only documents that meet the DHS requirements for List A, B, or C.

3. Avoid Discriminatory Practices

✓ Ensure that all employees are treated consistently throughout the employment verification process.
✓ Be aware of potential national origin discrimination risks when asking for documentation or making employment decisions.

For manufacturing employers, workforce needs are often urgent and high-volume, so the stakes of I-9 compliance are particularly high. Employers must stay current with programs like TPS and others that grant employment authorization to ensure their workforce remain authorized. Venezuela TPS is just one example of how rapidly employment eligibility rules change, illustrating just how critical investing in proactive I-9 compliance counsel and systems is.

About the Authors:

Jennifer L. Shanley is a partner and member of the nationally recognized Manufacturing Law industry team at the law firm Robinson+Cole. Jen helps manufacturers hire and retain foreign born talent by obtaining temporary and permanent work authorization for their employees. Jen is additionally involved with Women in Manufacturing (WiM), a trade association of over 20,000 members supporting, promoting and inspiring women who have chosen careers in the manufacturing industry. Jen serves as secretary for the Connecticut Chapter of WiM.

M. Carmen Ruiz is a member of Robinson+Cole’s Immigration group focusing her practice on U.S. immigration law, working alongside senior attorneys to prepare submissions to numerous government agencies including the U.S. Department of State, the U.S. Department of Labor, and the U.S. Citizenship and Immigration Services. Carmen also assists clients with employment eligibility verification and compliance matters.

Read more:

Federal Labor & Employment Trends Likely Coming in 2025 | January 31, 2025

Male Allyship Helps Women Succeed in Manufacturing | March 14, 2024

¹ This information is current as of October 10, 2025. Given how rapidly the status of Venezuela’s TPS designation is changing, this information may not reflect the latest updates.

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