Practice Alert: Termination of TPS for Nepal
Aug. 26, 2025 Update
On August 20, 2025, a three-judge panel from the Ninth Circuit Court of Appeals granted the Trump administration’s request to stay an August 1, 2025 district court order that had continued Temporary Protected Status (TPS) for 60,000 people from Honduras, Nepal and Nicaragua and which had postponed the termination of TPS for these countries at least until a hearing on the merits on November 18, 2025.
On August 25, 2025, in light of the Ninth Circuit Order in National TPS Alliance v. Noem, CV No. 25-4901, USCIS updated its website for Temporary Protected Status (TPS) and removed Nepal from the list of countries designated for TPS. USCIS also archived the TPS page for Nepal on August 25, 2025, and added the following alert:
“ALERT: Secretary of Homeland Security Kristi Noem terminated Temporary Protected Status for Nepal. On August 20, 2025, the Ninth Circuit court stayed the lower court order postponing the termination, allowing the termination to take effect. Accordingly, TPS benefits are no longer in effect as of August 20, 2025.”
The chart for Nepal on the archived page now shows that TPS continued through August 20th and the auto-extension of employment authorization (EAD card) was no longer valid as of August 20th.
Based on archiving of the TPS page for Nepal, as well as the USCIS Alert, it appears those with TPS from Nepal no longer had temporary protected status or employment authorization as of August 20, 2025.
E-Verify, which is operated by USCIS, also updated its website on August 26, 2025, to state that DHS is complying with the District Court-issued stay to postpone the termination of TPS for Nepal , Honduras, and Nicaragua until November 18, 2025. The E-Verify website expressly states, “This means that Employment Authorization Documents (EADs) for employees with TPS from these countries, with category A12 or C19, are valid through Nov. 18, 2025.” E-Verify then refers to the EAD Extension dropdown on the USCIS TPS webpage for each country to see a list of EAD expiration dates that remain valid through Nov. 18, 2025. See DHS Complies with District Court-Issued Stay to Postpone the Termination of TPS for Nepal, Honduras, and Nicaragua | E-Verify. This update by USCIS E-Verify appears to be “late” and no longer relevant given the update to the TPS website by USCIS on August 25, 2025.
Given the statement by USCIS, employers enrolled in E-Verify may want to run a Status Change Report to see if the Report includes the termination of EADs based on TPS for Nepal. Employers are encouraged to continue to check the USCIS website and E-Verify website for additional information.
August 6, 2025 Update
USCIS updated its website on Temporary Protected Status (TPS) for those from Nepal on August 4, 2025. Employers can now rely on the USCIS website for the continuation of TPS to November 18, 2025, and the auto-extensions of the Employment Authorization Document (EAD) to November 18, 2025.
Below is a chart to assist in keeping track of the changes.
| Designated Country | Continuous Residence & Continuous Physical Presence Dates | TPS Designation Date | TPS Expiration Date | TPS Continues Through | EAD Auto-Extended Through |
|---|---|---|---|---|---|
| Nepal | 6/24/2015 & 6/24/2025 | 6/24/2025 | Terminated effective 8/5/2025 | 11/18/25 (USCIS website updated 8/4/2025) | 11/18/25 (USCIS website updated 8/4/2025) |
For more information, see Temporary Protected Status Designated Country: Nepal | USCIS, updated 8/4/2025.
Impact on Employees
Employees with EADs expiring today, August 5, 2025, will now be able to remain in the U.S. until November 18, 2025, and resume or continue working until November 18, 2025.
Impact on Employers
EADs bearing a category code A12 or C19 issued to beneficiaries from Nepal have been auto extended to November 18, 2025. Employers should reverify the Form I-9 timely and, until USCIS gives further guidance, include/attach a printout of the relevant USCIS website page showing the auto-extension with the Form I-9. For employers whose employees may have been terminated, these employees are eligible for rehire based on the auto-extension until November 18, 2025.
E-Verify should be updated for employers enrolled in E-Verify to run Change of Status Reports, especially as employees with EADs based on TPS from Nepal expiring on August 5, 2025, now have continued work authorization until November 18, 2025.
All employers will need to timely reverify their Forms I-9.
General Tip
Counsel and employers should print or save a PDF of the relevant government website pages, with the printout showing the website and date printed, as proof of what guidance was relied on when providing advice or completing a Form I-9.
Termination will be effective on August 5, 2025.
Earlier today, the Department of Homeland Security (DHS) announced, via Federal Register Notice, the termination of Temporary Protected Status for Nepal, effective August 5, 2025. Work authorization for these individuals will be extended through the effective termination date.
Impact to Employers:
Employers are being given sixty days to prepare for the reverification and possible departure of these individuals. As such, they should take care to (a) reverify those whose Employment Authorization Documents expire on June 24, 2025; (b) note that certain EADs are extended through August 5, 2025; and (c) work with their operations partners to determine any workforce continuity gaps that could result from these individuals losing work authorization.
EADs bearing a category code A12 or C19 issued to beneficiaries from Nepal with an expiration date of June 24, 2018, June 24, 2019, March 24, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, and June 24, 2025 are extended through August 5, 2025. For more information, visit USCIS’s dedicated webpage, here.
Impact to Employees:
It is expected that many TPS beneficiaries will experience a gap in work authorization due to this decision. TPS beneficiaries are encouraged to consult their immigration counsel and determine any possible immigration pathways.