On August 20, 2025, the U.S. Court of Appeals for the Ninth Circuit granted the administration’s request to allow the termination of Temporary Protected Status (TPS) for Nepal to take effect. Following this ruling, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) confirmed that TPS benefits for nationals of Nepal officially ended on that date.
USCIS has removed Nepal from its list of designated TPS countries and archived the country’s TPS webpage. As of August 20, 2025, individuals with TPS from Nepal no longer hold temporary protected status or valid employment authorization under that program.
Work Authorization and EADs
- Previously, Employment Authorization Documents (EADs) for TPS beneficiaries from Nepal were auto-extended through November 18, 2025.
- With termination effective August 20, 2025, USCIS guidance clarifies that TPS-based EADs are no longer valid, despite earlier auto-extension notices.
- Employers should use caution when completing Form I-9 reverification to avoid errors.
Although the E-Verify system initially reflected an extension through November 18, DHS has since clarified that these benefits ended with the termination. Employers enrolled in E-Verify should consider running a Status Change Report to ensure compliance.
Court-Ordered Protection for Some Parolees
In a related case, the U.S. Court of Appeals for the D.C. Circuit issued an order on August 18, 2025 addressing expedited removal. The court ruled that while DHS may continue using expedited removal in most cases, it cannot apply expedited removal to former parolees who have been continuously present in the United States for more than two years.
What this means for Nepali nationals:
- If you were a TPS holder who transitioned to parole and you have been in the U.S. for over two years, you are protected from expedited removal under this ruling.
- If you have been in the U.S. for less than two years, expedited removal may still apply.
This is a temporary order, and the court will continue to consider the case on appeal.
Impact on Employers
- Employers must reverify work authorization for employees who relied on TPS from Nepal.
- EADs with categories A12 or C19 are no longer valid.
- Workforce planning should anticipate possible employment gaps due to this termination.
Impact on Individuals
Former TPS beneficiaries from Nepal should consult qualified immigration counsel immediately to review their options. Alternatives may include:
- Family-based petitions
- Employment-based visas
- Humanitarian relief programs
- Possible parole protections if they meet the two-year presence requirement
Compliance Tip for Employers
Employers should retain dated printouts of USCIS and DHS guidance used for Form I-9 verification. This provides documentation that the company relied on official government sources when completing employment verification.
