Attention Employers: March 2025 EAD Expiration Dates Loom for Honduran, Nepalese and Venezuelan TPS Holders

By Mary Pivec, Of Counsel | This article originally appeared on www.piveclaw.com on March 5, 2025

On March 9, 2025, the DHS Employment Authorization Documents (EADs) are set to expire for current beneficiaries under the January 5, 1999, TPS designation for Honduras and under the June 24, 2015, TPS designation for Nepal. The following day, March 10, 2025, work authorization will expire for workers holding DHS EADs with a marked expiration date of March 10, 2024, or September 9, 2022, issued under the 2021 TPS designation of Venezuela.

Currently, litigation is pending challenging the Trump Administration’s decision to rescind the Bush Administration’s renewed designation of TPS status for Venezuela. Absent court action enjoining the Trump Administration action, the March 10, 2025 employment authorization cutoff date will hold for workers holding EAD’s with a marked expiration date of March 10, 2024, or Sept. 9, 2022, issued under the 2021 TPS designation of Venezuela.  No similar litigation is pending regarding the Honduran and Nepalese expiration dates, which were not extended under the Biden Administation.

Employer Obligation to Reverify

Employers are obligated by law to update the I-9 forms of workers holding these expiring DHS work authorization documents to obtain verification that the workers have obtained a new document or documents evidencing their continuing eligibility for U.S. employment. Employers are obligated to accept any currently valid List A or List C document that relates to the employee. Examples include, but are not limited, to a different DHS EAD issued to the employee in the C08 (asylum applicant) category with a future expiration date and/or an unrestricted social security card.

Employers needing assistance in the reverification process may choose to consult counsel to ensure compliance with the employer sanctions and anti-discrimination provisions of the Immigration Reform and Control Act of 1986 (IRCA), enforced by ICE and the DOJ Immigrant and Employee Rights Section of the Civil Rights Division. Vigilance in complying with the IRCA I-9 requirements is strongly recommended as the Trump Administration has promised to undertake as many as 6,000 worksite visits and I-9 audits this year.