WR Immigration News Digest

May 14, 2025 | Immigration Updates

DHS to End TPS for Afghanistan

On May 12, 2025, the Department of Homeland Security announced it will terminate Temporary Protected Status (TPS) for Afghanistan, with the designation ending July 14, 2025.  There is a discrepancy between the date referenced on the Federal register (July 14) and the date provided by DHS in their publications (July 12).  Clarification is being sought at this time. This follows DHS’s determination that conditions in Afghanistan no longer meet the statutory requirements for TPS, citing improved security and economic circumstances.

Impact: Employees with TPS will lose work authorization as of July 14 (or possibly July 12) unless they secure another valid status. Employers are required to reverify work authorization for such employees to be permitted to work beyond the expiration of the designated TPS period. Early action is essential to prevent work authorization gaps, minimize business disruption, and ensure continued compliance.

DHS Extends TPS for South Sudan

The Department of Homeland Security has extended Temporary Protected Status (TPS) for South Sudan for six months, through November 3, 2025. This extension also automatically extends the validity of previously issued Employment Authorization Documents (EADs) under this designation.

Employees with TPS from South Sudan remain authorized to work during this period. Those seeking a new or updated EAD reflecting the November 3 expiration date may file Form I-765 with the appropriate fee.

Impact: Employers should verify work authorization validity, update the Form I-9 as necessary, and remind affected employees to renew if needed. Continue monitoring for further DHS updates.

TSA Begins Full REAL ID Enforcement

As of May 7, 2025, TSA has begun fully enforcing REAL ID requirements at airport security checkpoints and most Federal buildings. Travelers must present a REAL ID-compliant driver’s license (marked with a star) or another acceptable form of identification, such as an Enhanced Driver’s License or passport, to board domestic flights. Individuals entering Federal buildings, such as U.S. Citizenship and Immigration Services (USCIS) for appointments, may also be required to present a REAL ID-compliant document.

Impact: Advise employees who travel for business to check their ID status and update documents as needed to avoid travel disruptions. Update internal travel policies to reflect REAL ID enforcement.  Ensure that employees that have appointments at USCIS facilities are aware of any REAL ID-compliant requirements to access the building.

Legislation Allowing Longer Term Stays for “Canadian Snowbirds” Proposed

A new bill introduced in the 119th Congress, titled the “Canadian Snowbird Act,” seeks to amend the Immigration and Nationality Act to allow Canadian retirees aged 50 and older to be admitted into the U.S. as long-term visitors for pleasure under section 101(a)(15)(B). The bill allows admission for a period not to exceed 240 days during any single 365-day period. It includes eligibility criteria such as maintaining a residence in Canada, owning or renting a U.S. residence during their stay, restrictions on employment and public benefits, and permits spouses to join under similar terms. Additionally, the bill amends the Internal Revenue Code to clarify that these Canadian retirees will be treated as nonresident aliens for tax purposes, regardless of the usual substantial presence test.

Impact: Since the bill has bi-partisan support and will be seen as a “pro-Canadian” change, in a time of tensions with the U.S., it may be enacted.

Related Posts:

USCIS Provides Guidance on EADs Based on Compelling Circumstances

U.S. Citizenship and Immigration Services (USCIS) has released policy guidance on the eligibility criteria for initial and renewal applications for an Employment Authorization Document (EAD) in compelling circumstances. An applicant must meet the following eligibility requirements to be eligible for an initial EAD based on compelling circumstances: The guidance provides a non-exhaustive list of situations that could lead to a finding that compelling circumstances exist, including serious illness and disability, employer dispute or retaliation, other substantial harm to the applicant, or significant disruption to the employer. The guidance also provides details on evidence an applicant could submit to demonstrate one of these compelling circumstances. Details: USCIS alert (June 14, 2023). https://www.uscis.gov/newsroom/alerts/uscis-provides-guidance-on-employment-authorization-documents-based-on-compelling-circumstances

DHS Issues Final Rule to Modify H-1B Cap Lottery with Selection Process Based on Wage Level; New Administration Likely to Reverse Course

On January 8, 2021, new rules will be published by the U.S. Department of Homeland Security (DHS) impacting the H-1B visa lottery to be held in March 2021.  The “midnight” regulation is scheduled to take effect on March 9, 2021. While this could impact future cap seasons, WR believes that the rule is unlikely to take effect for the upcoming FY 2022 H-1B cap season. President-Elect Biden’s transition team has unofficially confirmed its intention to place all last-minute regulations on hold for 60 days. Also,  WR expects numerous legal challenges. WR is advising employers to proceed as usual at this time and get ready for a regular cap season. The rule amends regulations governing the process by which U.S. Citizenship and Immigration Services selects H-1B registrations for filing of H-1B cap-subject petitions. Under this rule, USCIS would first select registrations (or petitions, if the registration process is suspended) generally based on the highest Occupational Employment Statistics prevailing wage level that the offered wage equals or exceeds for the relevant Standard Occupational Classification code and area(s) of intended employment.  If implemented, the rule would greatly favor higher paid occupations. We will keep you abreast of any changes that affect your cases and will strategize the best […]