Termination of TPS for Haiti – Stayed

By Glenn Rissman on February 3, 2026 Posted in Immigration, Legislation & Regulations

Late on February 2, 2026, Judge Ana Reyes of the United States District Court for the District of Columbia, stayed the November 28, 2025 Notice terminating the designation of Temporary Protected Status (TPS) for Haiti. Under the November 28 Notice, TPS for Haiti and the work authorization of Haitian nationals in TPS expire at 11:59 tonight, February 3.

A little about the case.

The plaintiffs in the case of Miot v. Trump claim that the November 28 Notice terminating TPS for Haiti violates the Administrative Procedures Act and the Fifth Amendment of the U.S. Constitution. Because the termination of TPS would take effect before there could be a final ruling in the case, the plaintiffs in the case moved to stay the termination of TPS under the November 28 Notice. In an 83-page decision, Judge Reyes explained why she has jurisdiction over the case and explained why the plaintiffs were likely to succeed on the merits and how they were likely to suffer irreparable harm if the termination went into effect tonight. Judge Reyes stayed the termination of TPS for Haiti, while the litigation is pending.

Happy Holidays from Stearns Weaver Miller’s Labor & Employment Department!

By Stearns Weaver Miller on December 17, 2025 Posted in Employment Litigation, Labor Law

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Thank you for being a subscriber. Wishing you a joyous holiday season and happy, healthy year ahead.

We hope that BeLabor the Point has brought you important information throughout the year and a few smiles along the way. Speaking of smiles, click on the image below to view our Labor & Employment Law Department’s holiday card!

DHS Terminates TPS for Haiti

By Glenn Rissman on December 1, 2025 Posted in Immigration, Legislation & Regulations

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On Friday, November 28, the U.S. Department of Homeland Security announced that it is “newly” terminating Temporary Protected Status (TPS) for Haiti effective February 3, 2026. After February 3, 2026, nationals of Haiti who have been granted Temporary Protected Status will no longer have TPS.

Haitian nationals in TPS are authorized to work through February 3, 2026 if (1) they have an Employment Authorization Document (EAD) issued under Category A12 or C19 and (2) the EAD has an expiration date of February 3, 2026, August 3, 2025, August 3, 2024, June 30, 2024, February 3, 2023, December 31, 2022, October 4, 2021, January 4, 2021, January 2, 2020, July 22, 2019, January 22, 2018, or July 22, 2017.

To work after February 3, 2026, Haitian nationals currently in TPS must present proof of work authorization (List A or List C document from the Form I-9 instructions), other than the current Category A12 or C19 EAD. The employer will use Supplement B of the current version of the Form I-9 when re-verifying employment authorization.

The End of EAD Automatic Extensions

By Glenn Rissman on November 4, 2025 Posted in Employee Handbooks & Policies, Immigration

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On October 30, 2025, the Department of Homeland Security (DHS) published an interim final rule terminating the practice of automatically extending an employment authorization document (EAD) based on a timely filed Form I-765 Application for Employment Authorization to renew the expiring EAD. Since 2016, holders of EADs in certain specified categories qualified for an automatic extension of their EAD for up to 180 days (and later up to 540 days) provided they filed their I-765 application before the EAD expired and under the same qualifying category as stated on the expiring EAD card. The purpose of the automatic extension rule was to avoid loss of work authorization caused by processing delays at the U.S. Citizenship and Immigration Services (USCIS).

What in the Wide World of Sports is Going on with the H-1B Program?

By Glenn Rissman on September 30, 2025 Posted in Immigration, Legislation & Regulations

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A lot.

On September 19, President Trump issued a Proclamation, outlining alleged abuse of the H-1B visa program. To address the abuse of the H-1B program, the Proclamation imposes a one time fee of $100,000 on each new H-1B. The fee requirement expires in twelve months, unless extended. Based on memoranda issued by Customs and Border Protection, U.S. Citizenship and Immigration Services (USCIS), and the Department of State this is what we know:

The $100,000 H-1B visa fee applies to applications for visas submitted after September 21, 2025.
The $100,000 H-1B visa fee does not apply to previously issued H-1B visas or to H-1B petitions submitted to USCIS before September 21, 2025.
The Proclamation does not prevent anyone currently holding an H-1B visa issued before September 21, 2025, from traveling in and out of the United States on that H-1B visa.
The Proclamation does not apply to H-1B aliens who are the beneficiaries of petitions filed before September 21, 2025 or are the beneficiaries of H-1B petitions approved before September 21, 2025.

DHS Terminates TPS for Venezuela

By Glenn Rissman on September 9, 2025 Posted in Immigration, Legislation & Regulations

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On September 8, 2025, the Department of Homeland Security (“DHS”) officially terminated the 2021 designation of Venezuela for Temporary Protected Status (“TPS”). The Notice in the Federal Register makes the termination effective on November 7, 2025, sixty days after publication of the Notice.

Venezuelans granted TPS under the 2021 designation will remain authorized to work in the United States through November 7, 2025. The Notice automatically extends their employment authorization document (“EAD”) through November 7, 2025. To qualify for the automatic extension, the employee must have:

An EAD containing the notation A12 or C19 under Category, and
An EAD with an expiration date of September 9, 2022, March 10, 2024, OR September 10, 2025.

Sunshine Paychecks – Florida Employers, Get Ready for a New Wage Hike

By Lisa Berg on August 28, 2025 Posted in Employee & Management Counseling, Legislation & Regulations, Wage & Hour/Employee Classification

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Attention Florida Business Owners: The countdown is on! Starting September 30, 2025, Florida’s minimum wage will increase to:

$14.00 per hour for non-tipped employees, and
$10.98 per hour (base cash wage) for tipped employees.

(Certain exemptions apply to specific types of employees or businesses, but those details are beyond today’s focus.)

Compliance Check: What Employers Should Do

Under federal and Florida law, employers may pay less than the minimum wage to “tipped employees” meeting the eligibility requirements under the federal Fair Labor Standards Act (FLSA). The resulting credit against an employer’s minimum wage obligation is called the “tip credit.” For employers taking a tip credit ($3.02), you should advise your affected employees, preferably in writing, of the new $14 minimum wage rate and the tip credit amount that will be taken against that minimum wage. In addition, update your payroll systems to reflect the new rates and post the new rates.

TPS for Honduras and Nicaragua and Work Authorization Expires September 8

By Glenn Rissman on August 27, 2025 Posted in Immigration, Legislation & Regulations

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The Ninth Circuit Court of Appeals is allowing the Department of Homeland Security (“DHS”) to move forward with its termination of Temporary Protected Status (“TPS”) for Honduras and Nicaragua effective September 8, 2025. A district court had postponed the termination of TPS until November 18, 2025. The Ninth Circuit stayed the lower court’s order. As a result, the termination date for Honduras and Nicaragua is once again September 8. The automatic extension of work authorization of Hondurans and Nicaraguans in TPS once again expires on September 8. The U.S. Citizenship and Immigration Services (“USCIS”) TPS webpages for Honduras (Temporary Protected Status Designated Country: Honduras | USCIS) and Nicaragua (Temporary Protected Status Designated Country: Nicaragua | USCIS) have changed the Employment Authorization Document (“EAD”) automatic extension date from November 18 to September 8.

Until we are thrown another curve ball, the work authorization of Honduran and Nicaraguan nationals in TPS will expire on September 8. To work beyond September 8, impacted individuals must present proof of continuing work authorization other than their TPS-related EAD.

DHS Terminates TPS for Honduras and Nicaragua

By Glenn Rissman on July 8, 2025 Posted in Immigration

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On July 8, Secretary of Homeland Security Kristi Noem announced the termination of Temporary Protected Status (“TPS”) for Honduras and Nicaragua. The termination of TPS for Honduras and Nicaragua will take effect on September 8, 2025.

The Department of Homeland Security (“DHS”) published the termination notices in the July 8, 2025 Federal Register. The Employment Authorization Documents (“EAD”) of Honduran and Nicaraguan nationals currently in TPS are automatically extended to September 8, 2025. The September 8, 2025 automatic extension applies to EADs issued to Hondurans under Category A12 or C19 and with an expiration date of January 5, 2018, July 5, 2018, January 5, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, or July 5, 2025. The September 8, 2025 automatic extension applies to EADs issued to Nicaraguans under Category A12 or C19 and with an expiration date of January 5, 2018, January 5, 2019, April 2, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, or July 5, 2025.

TPS Updates for Honduras, Nicaragua, and Haiti

By Glenn Rissman on July 7, 2025 Posted in Immigration

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Honduras and Nicaragua

As of July 7, 2025, the Department of Homeland Security (“DHS”) has failed to make a determination whether Honduras and/or Nicaragua continue to meet the conditions for Temporary Protected Status (“TPS”) designation. Under the statute, the Secretary of DHS must publish in the Federal Register and provide sixty days’ notice of termination. If the Secretary fails to do so, the period of TPS designation is extended for an additional six months. Thus, the TPS designation and Employment Authorization Document (“EAD”) work authorization for Honduras and Nicaragua remain valid until January 5, 2026. (But keep reading.)