What Employers Should Know About CHNV

April 25, 2025

Background
The humanitarian parole programs collectively known as “CHNV” were created to provide temporary lawful entry and stay in the U.S. for nationals of Cuba, Haiti, Nicaragua, and Venezuela—and their immediate family members—on humanitarian grounds or for significant public benefit. Eligible individuals were typically granted parole for up to two years.

The U.S. Department of Homeland Security (DHS) planned to terminate these programs on April 24, 2025. However, on April 14, 2025, U.S. District Judge Indira Talwani issued an emergency stay, halting the mass termination. The court cited DHS’s failure to provide case-by-case review prior to revocation.

What Did the “Emergency Stay” Do?

1. CHNV parole termination and related work authorization are temporarily halted.
   Employers and employees may continue to rely on the original end date of the two-year (c)(11) Employment Authorization Documents (EADs), unless and until the court issues further rulings.
2. Individual notices sent to CHNV parolees via myUSCIS accounts have been stayed.
   These revocation notices are suspended pending further court order.

What Employers Should Know

I-9 Compliance
Prior to the emergency stay, DHS stated that the Federal Register notice provided employers with “constructive knowledge” of the CHNV program’s termination. This effectively placed a duty on employers to assess the continued work eligibility of potentially affected employees.

However, this determination is complex. Presenting a (c)(11) EAD for Form I-9 purposes does not necessarily mean an employee was a CHNV parolee. The I-9 form does not require category codes that would clarify the parole type, and many employers may not have retained copies of the EADs—unless required under E-Verify or company policy.

Even if an employer knows an employee used a (c)(11) EAD, they would still need access to the individual’s I-94 record to determine whether they were admitted under CHNV. This makes it difficult to clearly identify affected employees.

Discrimination Risks
HR leaders, in-house counsel, and employment attorneys must balance compliance with anti-discrimination obligations when addressing potential work authorization issues. While it is critical to verify employment eligibility, employers should avoid making assumptions or requesting additional documents without a lawful basis.

Before taking any employment action, employers should consult legal counsel. It’s also important to distinguish between different types of parole. For example, the following CBP category codes indicate CHNV parolees:

• Cuban Humanitarian Parolee (CHP)
• Haitian Humanitarian Parolee (HHP)
• Venezuelan Humanitarian Parolee (VHP)
• Nicaraguan Humanitarian Parolee (NHP)

In contrast, parolees under the Family Reunification programs—such as RCU (Cuban) and RHT (Haitian)—are not affected by the CHNV termination.

Given the legal risks, HR teams may consider issuing a general communication encouraging employees with (c)(11) EADs to contact HR if they have questions about their work authorization. Proactive employers may also provide a copy of Attachment A to help employees identify whether they received a termination notice and whether they submitted evidence of status through their myUSCIS account.

If an employee presents documentation—such as a screenshot of a termination notice and proof of timely submission to USCIS—employers, in consultation with legal counsel, may conclude that the employee’s two-year EAD remains valid. Employees may also present other acceptable Form I-9 documentation to confirm continued work authorization.

Accurate classification and legally sound employment decisions are essential to mitigate compliance risks during this period of legal uncertainty.

Next Steps
Our firm will continue to monitor this situation closely. If you have questions or need guidance, please contact our office to speak with an attorney. We’re here to help you navigate this evolving legal landscape.