U.S. immigration policies have seen significant shifts recently, influencing employers’ Form I-9 compliance obligations. These changes, driven by federal and state actions, affect workforce management and require businesses to stay vigilant. This article, tailored for EMP Trust HR users, outlines key updates as of June 2025, their implications, and actionable steps for compliance.
Immigration Status Extensions and Updates (June 2025)
The following table summarizes recent changes to immigration statuses relevant to employer compliance:
|
Program |
Prior Expiration |
New Expiration |
|---|---|---|
|
H-1B Auto-extension (with/without OPT) |
Oct 1, 2025 |
April 1, 2026 |
|
TPS: Sudan |
May 3, 2025 |
Nov 3, 2025 |
|
TPS: Venezuela |
April 7, 2025 |
April 3, 2026 (stay order) |
|
TPS: Ukraine |
April 20, 2025 |
Oct 19, 2026 |
|
TPS: Haiti |
Feb 3, 2026 |
Aug 3, 2025 |
|
TPS: Afghanistan |
May 20, 2025 |
July 14, 2025 |
|
TPS: Cameroon |
June 7, 2025 |
Aug 4, 2025 |
|
TPS: Nepal |
– |
Aug 5, 2025 |
|
DED: Hong Kong |
Feb 5, 2025 |
Feb 5, 2027 |
|
CHNV Parole (Cuba, Haiti, Nicaragua, Venezuela) |
April 24, 2025 |
Stay order |
-
2021 TPS Designations: Remain valid through September 10, 2025, with no further extensions expected.
-
2023 TPS Designations: Continue to provide employment eligibility for now.
-
Venezuela TPS Update (May 30, 2025): A U.S. District Judge ruled that approximately 5,000 of 350,000 Venezuelans with TPS extended to October 2026 are unaffected by a Supreme Court order and remain protected from deportation.
Key Policy Developments and Employer Implications
Elimination of USCIS Ombudsman’s Office (March 25, 2025)
The USCIS Ombudsman’s Office, which assisted employers and applicants with immigration issues, is being discontinued as part of DHS oversight reductions. This change may complicate resolving delays or errors in immigration processes, increasing the need for EMP Trust HR’s compliance tools to manage I-9 documentation proactively.
Employer Impact: Expect challenges in addressing systemic USCIS issues. Regular internal audits using EMP Trust HR solutions can help maintain compliance.
Potential Reinstatement of Travel Restrictions
The Trump administration is considering reinstating expanded travel bans affecting over 43 countries, impacting talent acquisition and employee mobility.
Employer Implications:
-
Talent Shortages: Restrictions may limit hiring from affected regions, particularly in tech and healthcare.
-
Re-Entry Delays: Employees traveling abroad may face re-entry issues, disrupting operations.
-
I-9 Compliance Risks: Increased verification efforts could lead to unintentional discrimination. EMP Trust HR’s automated I-9 tools can ensure fair and compliant processes.
IRS-ICE Data Sharing Agreement
A proposed IRS-ICE agreement to share addresses of suspected undocumented immigrants heightens I-9 compliance scrutiny.
Employer Implications:
-
Frequent Audits: Enhanced ICE access to data may lead to more I-9 inspections.
-
Privacy Concerns: Employers must balance compliance with employee privacy rights.
-
Proactive Measures: Use EMP Trust HR’s E-Verify integration and audit tools to maintain accurate records and avoid penalties.
Social Media Monitoring for Immigration Applicants
The administration’s policy to monitor social media activity for visa and green card applicants introduces new compliance considerations.
Employer Implications:
-
Increased Scrutiny: Immigration authorities may cross-check employee data, leading to more I-9 audits.
-
Privacy Compliance: Employers must ensure hiring practices align with privacy laws. EMP Trust HR’s compliance solutions help mitigate risks.
ICE Enforcement and Staffing (March 14, 2025)
ICE’s staffing shortages have prompted the administration to authorize agencies like the U.S. Marshals Service and DEA to assist with immigration enforcement. Arrest rates have doubled in early 2025, signaling intensified worksite inspections.
Employer Implications:
-
Prepare for increased I-9 audits using EMP Trust HR’s audit-ready tools.
-
Support employees affected by enforcement to maintain workforce stability.
Tennessee’s State-Level Immigration Law
Tennessee’s new legislation strengthens local immigration enforcement through:
-
A centralized enforcement division collaborating with federal authorities.
-
Distinct driver’s licenses for citizens and legal residents.
-
Penalties for sanctuary city policies.
-
Grants for local enforcement efforts.
Employer Implications: Businesses in Tennessee face heightened I-9 scrutiny. EMP Trust HR’s compliance solutions ensure readiness for state and federal audits.
DOJ’s Enhanced Immigration Enforcement
The DOJ is prioritizing immigration enforcement by applying all criminal statutes to I-9 violations, increasing employer liability for non-compliance.
Employer Implications:
-
Expect more worksite visits and higher penalties.
-
Use EMP Trust HR’s automated I-9 and E-Verify tools to minimize risks.
Noncitizen Registration Requirement (Effective April 11, 2025)
Noncitizens aged 14 and older staying in the U.S. for 30+ days must register with USCIS and provide fingerprints, creating an online account.
Employer Implications: Verify employee compliance with registration to avoid I-9 issues. EMP Trust HR’s tracking features simplify monitoring.
Customs & Border Protection (CBP) Home App for Self-Deportation
The repurposed CBP Home app allows undocumented individuals to arrange voluntary departure, avoiding detention. Non-compliance may lead to deportation and re-entry bans.
Employer Implications: Increased enforcement may affect undocumented employees, requiring empathetic communication and I-9 compliance using EMP Trust HR tools.
Marco Rubio’s Foreign Affairs Designation
Secretary of State Marco Rubio has classified immigration and border regulations as “foreign affairs functions” under the APA, exempting them from public comment requirements.
Employer Implications:
-
Reduced Transparency: Policy changes may occur with less notice, necessitating proactive compliance.
-
EMP Trust HR Support: Stay audit-ready with real-time compliance updates and tools.
Broader Trends and Future Outlook
Recent policies reflect a trend toward stricter enforcement, reduced protections (e.g., TPS reductions for Haiti and Venezuela), and enhanced vetting (e.g., social media monitoring). Employers must prepare for:
-
Increased I-9 audits and penalties.
-
Talent acquisition challenges due to travel bans.
-
Employee anxiety from enforcement actions.
The future of U.S. immigration policy remains uncertain, with potential legal challenges to state laws like Tennessee’s and federal policies like Rubio’s APA designation. EMP Trust HR’s compliance solutions help employers stay ahead of these changes.
Recommendations for Employers
-
Conduct Regular I-9 Audits: Use EMP Trust HR’s audit tools to ensure compliance and correct errors proactively.
-
Leverage E-Verify: Integrate E-Verify through EMP Trust HR to verify employment eligibility efficiently.
-
Monitor Policy Updates: Stay informed via EMP Trust HR’s compliance resources to adapt to changes.
-
Support Employees: Provide resources for Temporary Protected Status (TPS) beneficiaries and noncitizens navigating registration requirements.
-
Prepare for Audits: Maintain accurate records with EMP Trust HR’s secure document management to reduce risks during ICE inspections.
Why Choose EMP Trust HR?
EMP Trust HR’s comprehensive compliance solutions, including automated I-9 processing, E-Verify integration, and real-time audit tools, empower employers to navigate complex immigration policies confidently. By staying proactive, businesses can ensure compliance, support their workforce, and mitigate risks in an evolving regulatory landscape.
