Posted in Employment Litigation, Labor LawVer la versión en español aquí
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Posted in Immigration, Legislation & Regulations
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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.
Posted in Employee Handbooks & Policies, Immigration
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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).
Posted in Immigration, Legislation & Regulations
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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:
Posted in Immigration, Legislation & RegulationsVer la versión en español aquí
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:
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Attention Florida Business Owners: The countdown is on! Starting September 30, 2025, Florida’s minimum wage will increase to:
(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.
Posted in Immigration, Legislation & Regulations
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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.
Posted in ImmigrationVer la versión en español aquí
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.
Posted in Immigration
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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.)
Posted in ImmigrationVer la versión en español aquí
On June 27, Secretary of Homeland Security (“DHS”) Kristi Noem announced the termination of Temporary Protected Status (“TPS”) for Haiti. The TPS designation for Haiti had been set to expire on August 3, 2025. The termination of TPS for Haiti will take effect on September 2, 2025.
The DHS published the termination notice in the July 1, 2025 Federal Register. The work authorization of Haitian nationals in TPS will now expire on September 2, 2025. DHS adjusted the expiration date of the Employment Authorization Documents (“EAD”) of Haitian nationals currently in TPS to September 2, 2025. The September 2, 2025 expiration date applies to EADs issued under Category A12 or C19 and with expiration dates 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.
