Navigating Uncertain Times: How Employers Can Prepare for Potential Changes to Employee Work Permits

As an immigration attorney, I see how constant policy shifts create uncertainty—not only for immigrants themselves but also for the companies that employ them. Recent developments in immigration policies, particularly surrounding humanitarian immigration programs, pose serious questions for employers right now. If you've heard about potential cancellations of certain work permits, you're probably wondering: "How should my company respond if I suspect some employees' work authorizations might end earlier than expected?"

Let me break down what's happening, what you need to know, and most importantly, how your company can proactively prepare.

What's Prompting This Concern?

You might have heard about the Biden administration's 2023 initiative known as the CHNV parole program. Specifically addressing humanitarian needs, CHNV provided protections for certain Cubans, Haitians, Nicaraguans, and Venezuelans who entered the U.S. in 2023 and 2024. However, policies surrounding this program have recently come under attack by the Trump Administration and could potentially be canceled in the future. For now, the attempted termination of the program is blocked by federal injunction.

Right now, approximately half a million people in the United States are registered in this program—and many of them hold Employment Authorization Documents (EADs), under the category C11. These individuals aren't sponsored by their companies for immigration benefits. That means employers may not even realize they have workers whose work authorization might get canceled prematurely.

Why This Matters to Employers

Here's the tricky part: When your company initially hires someone who presents a valid work permit, completes the Form I-9 correctly, and possibly undergoes verification through E-Verify, you're covered legally. At that time, you wouldn't necessarily know whether they're on the CHNV program or another humanitarian parole.

And because the CHNV parole program has nothing to do with employers, if it gets canceled by the government, you probably wouldn't receive any notification. You may find out only when your employee tries to renew their work permit or volunteers the information.

It's crucial for employers not to prematurely terminate any employee only because they suspect the worker is at risk of having their work permit canceled. Doing so based on citizenship, country or origin, or speculation is not only problematic from an HR standpoint but is also explicitly illegal under anti-discrimination laws.

How Should Employers Handle Potential Work Permit Cancellations?

If you suspect an employee's work authorization may get canceled early, here’s your recommended course of action:

1. Review and Audit Your I-9 Forms Internally

Conduct an internal audit of your current Form I-9 records. Confirm you have correctly documented each employee’s authorization status and expiration dates. If an existing EAD has not yet expired according to its face, your compliance obligations are still satisfied, and employment can continue uninterrupted.

2. Be Cautious, But Don't Jump to Conclusions

If an employee proactively informs you their work authorization has been canceled or provides written notification from USCIS, you must act. You’ll need to immediately reverify their status using an alternate basis of authorization if they have one (such as a pending asylum application or adjustment of status through marriage). If no authorization exists, unfortunately, their employment cannot continue.

However, if your employees remain silent and don’t report cancellations or early expirations, it’s inappropriate to interrogate or actively seek proof from specific individuals based on nationality, immigration background, or speculation alone.

3. Track EAD Categories and Expiration Dates Internally

Internally tracking immigration-related data on each non-U.S. citizen employee (excluding U.S. citizens and green card holders) sets your company up to navigate these uncertainties efficiently and sensitively. Take note of:

• Employee's country of birth
• EAD category (such as C11 or others)
• Expiration date of their EAD

Understanding different EAD codes helps you anticipate any impact to specific groups and enables quicker, informed responses to policy changes.

4. Recognize That Not All EADs Are Created Equal, Even Under the Same Category

Even if CHNV parole ends, not every C11 EAD holder will lose work authorization. Other parole programs for which C11 EADs are issued would remain unaffected, and some individuals from affected countries may have alternative underlying statuses (pending asylum, family-based adjustment, etc.). Additionally, any employees whose I-9 dates precede 2023 are not part of CHNV, as that program began just this year.

5. Prepare for Possible Workforce Disruptions

Anticipate the worst-case scenario: some employees' work authorization could expire abruptly, without immediate replacements. Have contingency plans to manage sudden staffing gaps to avoid operational disruptions.

Long-term Considerations and Enforcement Trends

We're living in a time of shifting political winds around humanitarian immigration. Employees with temporary humanitarian statuses (such as DACA, TPS, parole, or pending asylum) face elevated risks. Immigration enforcement is becoming more unpredictable and stringent. Although overall deportation numbers might not be increasing dramatically, detentions appear to be more chaotic and unexpected, and enforcement more broadly applied, so that immigrants with humanitarian protections are getting arrested and detained more than they had been prior to President Trump's return to office.

While systematic notifications to employers about revoked work permits haven't occurred in the past, it's conceivable that government agencies could track employment records through payroll taxes to notify companies directly. For your peace of mind, regularly check in with your immigration counsel to stay ahead of changing regulatory circumstances.

Handling Renewals and Extensions of Work Permits

The Biden administration had a more lenient approach toward issuing and renewing EADs broadly, compared to the current political climate. Due to extensive USCIS backlog and slow processing times, some EAD categories receive automatic extensions by merely filing timely renewals. However, many others won’t qualify for these extensions, requiring employees to hold their renewed cards physically before continuing work.

If a gap occurs between an expiring EAD card and the availability of a replacement, employees who don't qualify for automatic extension of work authorization while the extension application is pending must either be laid off or put on formal leave—so planning ahead is crucial.

Final Tips for Proactive Employers

Right now, it may feel like a waiting game with little clarity regarding future developments on CHNV parole, TPS, or similar humanitarian programs. Still, by taking common-sense measures today, your business sets itself up for smoother outcomes tomorrow:

• Audit your I-9 compliance now
• Track your workforce's expiration dates and immigration categories methodically
• Avoid assumptions, discrimination, or premature terminations
• Stay in close consultation with your immigration lawyer who understands these evolving complexities

I know navigating these immigration complexities can feel daunting, especially as an employer committed to compliance, fairness, and stability. If you're worried or uncertain, please connect with your immigration attorney—it's essential they understand your specific situation and can provide tailored, proactive guidance as these circumstances evolve.

Remember, being prepared helps ensure your organization remains compliant, proactive, and resilient—even in the face of uncertain times.

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