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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.

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Immigration Update

In this edition, read about the updated guidance for the I-9 process, an announcement on national interest exception extensions, Yemen’s redesignation for TPS, and more. USCIS Announces Updated Receipt Guidance for I-9 Process The I-9 form has been with us for almost 35 years, and USCIS still finds things to tweak.  The agency recently announced updated guidance on receipts for the I-9 employment authorization verification process: When employees present a receipt showing that they applied to replace a List A, B, or C document that was lost, stolen, or damaged, they should show their employer the replacement document for which the receipt was given. However, USCIS acknowledged that this is not always possible due to document delays, changes in status, or other factors. If the employee does not present the original document for which the previously provided receipt was issued but presents, within the 90-day period, another acceptable document (or documents) to demonstrate his or her identity and/or employment authorization, employers may now accept such documentation. In cases where an employee presents a document (or documents) other than the actual replacement document, the employer should complete a new Section 2 and attach it to the original Form I-9, USCIS said. […]

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Rapid-Fire Wednesdays Q&A | International Travel for Foreign National Employees | 11/20/2024 Recap

The transcript version of our weekly Q&A livestream for corporate immigration professionals By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥Question: What are the main concerns for foreign nationals planning international travel during the holidays? Response: While leaving the U.S. is straightforward, returning can pose challenges if foreign nationals aren’t prepared. Key concerns include ensuring they have the correct documentation, such as valid passports, visa stamps, and any necessary supporting paperwork. Preparing for potential consular interviews is also critical to avoid complications at the consular posts as well as at U.S. ports of entry. 🔥Question: What documents should foreign nationals prioritize when preparing to return to the U.S.? Response: At a minimum, a passport valid for at least six months beyond the return date is essential. For those on temporary work visas, a valid visa stamp is generally required unless specific exceptions apply. In addition, individuals may need employment verification letters or other supporting evidence to submit with visa applications or to present at the port of entry. Planning weeks or even months in advance for consular processing is strongly recommended. 🔥Question: Do all foreign nationals need consular interviews to renew visa stamps? Response: Not always. Some consular posts offer […]

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