WR Immigration News Digest

Apr 9, 2025 | Immigration Updates

USCIS Releases Updated Form I-9

On April 2, 2025, E-Verify announced minor updates to Form I-9 to align with statutory language and an updated DHS Privacy Notice. The revised form (edition 01/20/25, expiration 05/31/2027) is now available. Prior editions (including 08/01/23) remain valid until their listed expiration dates.

Key Changes:

  • Section 1 checkbox now reads “An alien authorized to work”
  • Updated descriptions for two List B documents
  • Revised instructions and DHS Privacy Notice

E-Verify Alignment:

  • Employers must select “An alien authorized to work” in E-Verify, even if the I-9 used shows “A noncitizen authorized to work”
  • E-Verify+ users will see the new edition and expiration dates reflected in Form I-9NG

Impact: Global mobility teams should ensure systems reflect the new Form I-9 edition and expiration date, coordinate with E-Verify partners to align terminology, and begin transitioning to the updated form while still accepting valid older versions.

Court Order Extends Venezuela TPS and Work Authorization

On April 2, 2025, USCIS announced that Temporary Protected Status (TPS) for Venezuela remains in effect following a federal court order issued on March 31, 2025. The order delays the previously published termination of the 2023 TPS designation. As a result, TPS for Venezuela will continue until the Department of Homeland Security obtains relief from the court’s decision.

In connection with this ruling, USCIS also confirmed that work permits issued under Venezuela’s TPS designation, specifically those with expiration dates of September 10, 2025; April 2, 2025; March 10, 2024; or September 9, 2022 are automatically extended through April 2, 2026, while litigation is ongoing.

Impact: Employers should continue to accept valid TPS-based work authorization for Venezuelan nationals through April 2, 2026, and monitor USCIS updates for any changes affecting work eligibility or reverification.

Hong Kong DED-Based Work Authorization Extended Through 2027

On April 3, 2025, USCIS announced procedures for certain Hong Kong residents covered under Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid through February 5, 2027. Per the Federal Register notice, DED-based EADs with expiration dates of February 5, 2023, or February 5, 2025, and Category Code A11 are automatically extended through February 5, 2027.

DED does not require an application to be in effect, but individuals must file Form I-765 to obtain a current EAD and may file Form I-131 for advance travel authorization.

Impact: Teams should treat qualifying DED-based EADs for Hong Kong nationals as valid through February 5, 2027, and ensure I-9 processes reflect this automatic extension. Continue monitoring USCIS for any updates affecting DED-related work authorization.

Mistaken Termination Notices Sent to Ukrainians in U4U Program

On April 3, 2025, some Ukrainian nationals in the U.S. under the Uniting for Ukraine (U4U) humanitarian parole program received emails from the Department of Homeland Security (DHS) stating their legal status was being revoked and instructing them to leave the country within seven days. The message also warned of possible enforcement actions and the loss of work authorization. DHS has since confirmed that these notices were sent in error and clarified that the U4U parole program remains in effect. A follow-up communication was issued to retract the original message and assure recipients that no action would be taken against their parole status.

While the program has not been formally terminated, the current administration has suspended new admissions and status renewals under U4U, as part of broader rollbacks of humanitarian parole initiatives introduced during the Biden administration.

Impact: Global mobility teams should note that Ukrainian employees under U4U remain work-authorized unless formally notified otherwise. No immediate action is needed, but teams should monitor DHS updates, keep HR/I-9 systems aligned with current guidance, and consult counsel as needed for individual cases.

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Rapid-Fire Wednesdays Q&A | Impact of Recent U.S. Supreme Court Rulings | 1/22/2025 Recap

The transcript version of our weekly Q&A livestream for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates. By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥 Question: What is the significance of the Bouarfa v. Mayorkas case for immigration professionals? Response: In December, the U.S. Supreme Court ruled unanimously in the Bouarfa v. Mayorkas case that federal courts cannot review visa revocations, which are under the discretion of the U.S. Department of Homeland Security (DHS). The ruling clarified that if a statute mandates USCIS to approve or deny a case based on specific criteria, the denial can be challenged in federal court. However, if the decision is discretionary, such as in visa revocations, the court has no authority to intervene. This decision underscores the finality of DHS’s discretion, leaving applicants with limited recourse—primarily refiling applications while addressing any issues causing revocation, provided those reasons are known. The implications extend to both family-based and employment-based immigration cases, as the same principles apply to visa petition revocations. 🔥 Question: How does this case impact employment-based immigration cases? Response: For employment-based cases, if an employer’s immigrant visa petition is denied, the denial can still be challenged in court. […]

OFLC Posts ‘Unofficial’ Form ETA-9089 Preview Copy

After the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced on April 21, 2023, that it will begin accepting the revised Form ETA-9089, Application for Permanent Employment Certification, in the Foreign Labor Application Gateway (FLAG) system on May 16, 2023, OFLC posted an “unofficial watermarked preview copy” of the form “to allow stakeholders to become familiar with changes to the form.”  OFLC will no longer accept any new applications submitted via the legacy PERM Online System after May 15, 2023, at 6:59 pm ET. OFLC also will no longer accept the previous version of Form ETA-9089 after May 15, 2023, either electronically or by mail.  OFLC said that the preview copy of the form and appendices are for informational purposes only. “These versions of the form and appendices may not be submitted to OFLC at any time; any submission to OFLC using these forms will be rejected.” OFLC said it will post on its Forms page (https://www.dol.gov/agencies/eta/foreign-labor/forms) the official, fillable PDF versions of the Form ETA-9089 and its appendices on May 16, 2023.  Details: