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Late on February 2, 2026, Judge Ana Reyes of the United States District Court for the District of Columbia, stayed the November 28, 2025 Notice terminating the designation of Temporary Protected Status (TPS) for Haiti. Under the November 28 Notice, TPS for Haiti and the work authorization of Haitian nationals in TPS expire at 11:59 tonight, February 3.

A little about the case.

The plaintiffs in the case of Miot v. Trump claim that the November 28 Notice terminating TPS for Haiti violates the Administrative Procedures Act and the Fifth Amendment of the U.S. Constitution. Because the termination of TPS would take effect before there could be a final ruling in the case, the plaintiffs in the case moved to stay the termination of TPS under the November 28 Notice. In an 83-page decision, Judge Reyes explained why she has jurisdiction over the case and explained why the plaintiffs were likely to succeed on the merits and how they were likely to suffer irreparable harm if the termination went into effect tonight. Judge Reyes stayed the termination of TPS for Haiti, while the litigation is pending.

What does this mean?

TPS for Haiti will not expire tonight and the work authorization of Haitian nationals with an Employment Authorization Document (EAD) issued under Category A12 or C19 will not lose their work authorization at 11:59 p.m. today. This is not an extension of TPS or work authorization. Judge Reyes simply stopped the termination of TPS from taking effect for now. A higher court could reverse Judge Reyes’ decision, resulting in the immediate termination of TPS and work authorization.

Can Haitian employees in TPS continue working?

For now, the answer is yes. We do not know how long the work authorization will last. There is no guidance yet on how employers should update the Form I-9 to reflect continuing work authorization. I suggest that employers use the Additional Information box in Section 2 of the Form I-9. Employers can make a note such as: “Termination of TPS for Haiti as set forth in the November 28, 2025 Federal Register Notice is stayed pursuant to the February 2, 2026 Order in Miot v. Trump, Case No. 1:25-cv-02471 (U.S. D.D.C.)” Employers may need to add new notes to the Additional Information box as the case progresses or as the Department of Homeland Security (DHS) provides guidance.

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On Friday, November 28, the U.S. Department of Homeland Security announced that it is “newly” terminating Temporary Protected Status (TPS) for Haiti effective February 3, 2026.  After February 3, 2026, nationals of Haiti who have been granted Temporary Protected Status will no longer have TPS. 

Haitian nationals in TPS are authorized to work through February 3, 2026 if (1) they have an Employment Authorization Document (EAD) issued under Category A12 or C19 and (2) the EAD has an expiration date of February 3, 2026, August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017. 

To work after February 3, 2026, Haitian nationals currently in TPS must present proof of work authorization (List A or List C document from the Form I-9 instructions), other than the current Category A12 or C19 EAD.  The employer will use Supplement B of the current version of the Form I-9 when re-verifying employment authorization.

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On October 30, 2025, the Department of Homeland Security (DHS) published an interim final rule terminating the practice of automatically extending an employment authorization document (EAD) based on a timely filed Form I-765 Application for Employment Authorization to renew the expiring EAD. Since 2016, holders of EADs in certain specified categories qualified for an automatic extension of their EAD for up to 180 days (and later up to 540 days) provided they filed their I-765 application before the EAD expired and under the same qualifying category as stated on the expiring EAD card. The purpose of the automatic extension rule was to avoid loss of work authorization caused by processing delays at the U.S. Citizenship and Immigration Services (USCIS).

Among the categories of foreign nationals who benefitted from the automatic extension rule were applicants for asylum (C08), applicants for adjustment of status (C09), and spouses of certain H-1B workers (C26).

The October 30 interim final rule does not impact automatic extensions of work authorization based on I-765 applications filed before October 30, 2025. However, I-765 applications filed on or after October 30, 2025, will no longer provide an automatic extension of work authorization, except in limited circumstances. The limited circumstances where an automatic extension of work authorization is still available include where the automatic extension is provided by law or in a Federal Register notice extending the validity of TPS-related employment documentation. Because it is provided by law, an F-1 alien on Optional Practical Training (OPT) who files for a 24-month STEM OPT extension will still qualify for an automatic extension of his or her EAD for up to 180 days. 

As a result of the interim rule, individuals holding EADs must file to renew their EADs as early as possible – six months before expiration. However, this is no guarantee that the employees will receive their new EAD in time to avoid a loss of work authorization. L-2 and E-2 spouses, who are eligible to work incident to their status, should not rely on an EAD as proof of work authorization but should instead rely on their I-94 record showing they are in lawful status, e.g., L-2S, E-1S, E-2S, or E-3S. Similarly, asylees and refugees, who are also authorized to work incident to their status, should consider relying on documents other than an EAD to establish their authorization to work.

The USCIS will update the I-9 Handbook for Employers to reflect the end of the EAD automatic extension.

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A lot.

On September 19, President Trump issued a Proclamation, outlining alleged abuse of the H-1B visa program.  To address the abuse of the H-1B program, the Proclamation imposes a one time fee of $100,000 on each new H-1B.  The fee requirement expires in twelve months, unless extended.  Based on memoranda issued by Customs and Border Protection, U.S. Citizenship and Immigration Services (USCIS), and the Department of State this is what we know:

1. The $100,000 H-1B visa fee applies to applications for visas submitted after September 21, 2025.
2. The $100,000 H-1B visa fee does not apply to previously issued H-1B visas or to H-1B petitions submitted to USCIS before September 21, 2025.
3. The Proclamation does not prevent anyone currently holding an H-1B visa issued before September 21, 2025, from traveling in and out of the United States on that H-1B visa.
4. The Proclamation does not apply to H-1B aliens who are the beneficiaries of petitions filed before September 21, 2025 or are the beneficiaries of H-1B petitions approved before September 21, 2025.

Based on the wording in the Proclamation and the USCIS memoranda it appears that the $100,000 H-1B fee will not apply when:

1. An employer files an extension or amendment petition for an employee who was in H-1B status before September 21, 2025 OR
2. An employer files an H-1B transfer/change of employer petition for a new hire who was in H-1B status before September 21, 2025.

It is unclear whether the $100,000 fee will apply when an employer files an H-1B change of status petition, such as to change the F-1 status of an employee working under Optional Practical Training (OPT) and an Employment Authorization Document (EAD), or an employee working under another visa category, such as the TN, L, or O.

The Proclamation gives the Secretary of Homeland Security discretion to waive the $100,000 fee when the H-1B alien’s employment will be in the national interest and will not pose a threat to the security or welfare of the United States.  This national interest waiver can apply to an individual alien, all aliens working for a company, or all aliens working in an industry.  The Proclamation provides no details regarding what type of work or industry is in the national interest.

Finally, the Proclamation directs the U.S. Department of Labor (DOL) to revise the prevailing levels used during the labor condition application component of the H-1B petition process.  Presumably, the Department of Labor will increase the prevailing wages that employers must pay H-1B workers.

But wait, there is more.  Because there is a limited number of new H-1B visas each fiscal year, the USCIS conducts a lottery in April to determine who can file an H-1B petition.  The lottery is currently weighted to favor foreign nationals who hold an advanced degree from a U.S. university.  On September 24, the Department of Homeland Security (DHS) issued a proposed rule to change how the H-1B lottery works.  The intent is to weigh the lottery in favor of more skilled workers by giving an advantage to foreign nationals who will be paid more.  The DOL’s prevailing wages are expressed in wage Level 1 to 4.  The online registration process will require the employer to designate the highest prevailing wage level that the foreign national’s proposed wage equals or exceeds and to also provide the occupational code from the DOL wage database.  The USCIS will then enter the foreign national into the lottery in a weighted manner – a level 4 wage alien will be entered four times; a level 3 wage alien will be entered three times, etc.  There will still be a separate drawing for those who hold a U.S. Master’s degree or higher, and the weighted system will also apply to that selection process.  The selection process will disadvantage recent graduates working in entry/lower level positions.  In other words, in addition to the possible $100,000 fee, the F-1 alien working on Optional Practical Training may have a hard time transitioning to H-1B status because the lottery will favor more experienced, highly compensated workers.

No doubt there will be legal challenges to these changes.  Stay tuned.

On September 8, 2025, the Department of Homeland Security (“DHS”) officially terminated the 2021 designation of Venezuela for Temporary Protected Status (“TPS”). The Notice in the Federal Register makes the termination effective on November 7, 2025, sixty days after publication of the Notice.

Venezuelans granted TPS under the 2021 designation will remain authorized to work in the United States through November 7, 2025. The Notice automatically extends their employment authorization document (“EAD”) through November 7, 2025. To qualify for the automatic extension, the employee must have:

1. An EAD containing the notation A12 or C19 under Category, and
2. An EAD with an expiration date of September 9, 2022, March 10, 2024, OR September 10, 2025.

To work after November 7, 2025, these individuals must present proof of continuing authorization to work in the United States.

On September 5, U.S. District Judge Edward Chen ruled that the DHS February 3, 2025 Notice that vacated a January 17, 2025 Notice that had extended TPS for Venezuela was unlawful.  Judge Chen set aside the February 3 Notice and also set aside a February 5 DHS Notice that had terminated the 2023 Designation of Venezuela for TPS. It is unclear how Judge Chen’s ruling impacts the work authorization of Venezuelan nationals granted TPS under the 2021 Designation. At a minimum, Venezuelan nationals with an EAD issued under Category A12 or C19 and an expiration date of September 9, 2022, March 10, 2024, OR September 10, 2025, are authorized to work through November 7, 2025.

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Attention Florida Business Owners: The countdown is on! Starting September 30, 2025, Florida’s minimum wage will increase to:

• $14.00 per hour for non-tipped employees, and
• $10.98 per hour (base cash wage) for tipped employees.

(Certain exemptions apply to specific types of employees or businesses, but those details are beyond today’s focus.)

Compliance Check: What Employers Should Do

Under federal and Florida law, employers may pay less than the minimum wage to “tipped employees” meeting the eligibility requirements under the federal Fair Labor Standards Act (FLSA).  The resulting credit against an employer’s minimum wage obligation is called the “tip credit.”  For employers taking a tip credit ($3.02), you should advise your affected employees, preferably in writing, of the new $14 minimum wage rate and the tip credit amount that will be taken against that minimum wage. In addition, update your payroll systems to reflect the new rates and post the new rates.

Why the annual hike?

This isn’t just a random raise- the increase stems from Florida Amendment 2, approved by voters in November 2020. The amendment, now part of the Florida constitution, mandates:

• An increase to $10.00 on September 30, 2021, followed by $1.00 annual increases each September 30.
• A cap of $15.00 per hour by September 30, 2026.
• A switch to inflation-based adjustments starting in 2027.

In short: it’s a roadmap that keeps wages aligned with the cost-of-living after 2026 and gives employers predictability year over year.   

Don’t Forget Your Posters!

Florida law requires employers to post a notice about the state minimum wage requirement (in addition to posting a notice as required by the FLSA) in a conspicuous place where all employees can see it. So, it is time to update your posters, but don’t fret! You can find the new minimum wage poster on the Florida Commerce Department’s website by clicking here. As of this blog’s publication date, the new version isn’t out yet – but keep checking! We will update our link as well.

Bonus tip: If you have remote workers, you’re still on the hook.  Check out guidance from the U.S. Department of Labor’s Wage and Hour Division on complying with its notice and posting requirements for when workers are performing their jobs remotely. 

By planning ahead now, you can avoid payroll headaches, stay compliant with posting rules, and build employee trust through transparency.

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The Ninth Circuit Court of Appeals is allowing the Department of Homeland Security (“DHS”) to move forward with its termination of Temporary Protected Status (“TPS”) for Honduras and Nicaragua effective September 8, 2025. A district court had postponed the termination of TPS until November 18, 2025. The Ninth Circuit stayed the lower court’s order. As a result, the termination date for Honduras and Nicaragua is once again September 8. The automatic extension of work authorization of Hondurans and Nicaraguans in TPS once again expires on September 8. The U.S. Citizenship and Immigration Services (“USCIS”) TPS webpages for Honduras (Temporary Protected Status Designated Country: Honduras | USCIS) and Nicaragua (Temporary Protected Status Designated Country: Nicaragua | USCIS) have changed the Employment Authorization Document (“EAD”) automatic extension date from November 18 to September 8.

Until we are thrown another curve ball, the work authorization of Honduran and Nicaraguan nationals in TPS will expire on September 8. To work beyond September 8, impacted individuals must present proof of continuing work authorization other than their TPS-related EAD.

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On July 8, Secretary of Homeland Security Kristi Noem announced the termination of Temporary Protected Status (“TPS”) for Honduras and Nicaragua. The termination of TPS for Honduras and Nicaragua will take effect on September 8, 2025.

The Department of Homeland Security (“DHS”) published the termination notices in the July 8, 2025 Federal Register. The Employment Authorization Documents (“EAD”) of Honduran and Nicaraguan nationals currently in TPS are automatically extended to September 8, 2025. The September 8, 2025 automatic extension applies to EADs issued to Hondurans under Category A12 or C19 and with an expiration date of January 5, 2018, July 5, 2018, January 5, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, or July 5, 2025. The September 8, 2025 automatic extension applies to EADs issued to Nicaraguans under Category A12 or C19 and with an expiration 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, or July 5, 2025.

To update the Form I-9 of a current employee whose EAD is now extended to September 8, 2025, the employer should enter “EAD EXT 09/08/2025” in the Additional Information field in Section 2 of the Form I-9. If the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, use the latest version of the Form I-9 to make the notation in Section 2 and attach it to the existing Form I-9.

To work after September 8, 2025, Honduran and Nicaraguan nationals currently in TPS must present proof of work authorization (List A or List C document from the I-9 Form instructions), other than the current Category A12 or C19 EAD. The employer will use Supplement B of the current version of the Form I-9 when re-verifying employment authorization.

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Honduras and Nicaragua

As of July 7, 2025, the Department of Homeland Security (“DHS”) has failed to make a determination whether Honduras and/or Nicaragua continue to meet the conditions for Temporary Protected Status (“TPS”) designation. Under the statute, the Secretary of DHS must publish in the Federal Register and provide sixty days’ notice of termination. If the Secretary fails to do so, the period of TPS designation is extended for an additional six months. Thus, the TPS designation and Employment Authorization Document (“EAD”) work authorization for Honduras and Nicaragua remain valid until January 5, 2026. (But keep reading.)

For those individuals with EAD cards that have an expiration date of July 5, 2025, based on category code of A12 or C19 (for Honduras or Nicaragua TPS), work authorization is automatically extended through January 5, 2026.

For those individuals with EAD cards that have an expiration 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 or March 9, 2025 based on category code of A12 or C19 (for Honduras or Nicaragua TPS) and have filed an I-765 application to extend such work authorization during the TPS designation period that ends July 5, 2025, their work authorization may be extended based on the 540-day rule provided that they present the Form I-797C Receipt Notice (referencing category code A12 or C19). Such work authorization will be extended up to 540 days from the expiration date on the face of the card, but no longer than January 5, 2026.

Keep in mind that it is still possible for DHS to publish a 60-day notice in the Federal Register to terminate the TPS designation and work authorization for Honduras and Nicaragua. If that occurs, the TPS designation and work authorization will likely expire sixty days after the publication of the notice in the Federal Register.

For now, the work authorization for individuals from Honduras and Nicaragua in TPS is extended for six months – to January 5, 2026 – but DHS could terminate TPS and scale back work authorization.

Haiti

Last week, we posted on the termination of the TPS designation for Haiti, which is set to take effect on September 2, 2025. On the same day that DHS published the notice of termination, a district court in New York ruled that the earlier notice of the DHS that had shortened the TPS designation for Haiti by six months was unlawful. Rather than issue a nationwide injunction, the district court set aside the earlier DHS notice. The court restored Haiti’s TPS expiration date through February 3, 2026. What does this mean for employers? More uncertainty. Haitian nationals with a qualifying EAD have until at least September 2, 2025 to work, but may have until February 3, 2026. Which date applies will likely turn on the appeal of the district court’s order.