The End of Title 42 May Be a Boom for Employers With Short-Term Labor Demand

The humanitarian crisis that unfolded at the U.S. border since the onset of COVID-19 in March 2020 may soon end. Title 42 allowed the government to expel anyone at the southern border if there is a “serious danger of the introduction of [a communicable] disease into the United States.” It exempted large groups of individuals including citizens, lawful permanent residents, and anyone with valid travel documents. But Title 42 did not permit individuals to cross the U.S. southern border to apply for asylum and/or withholding of removal. The United States Supreme Court will determine whether Title 42 should remain in place when it hears the arguments in Arizona v. Mayorkas that are scheduled to go forward on March 1, 2023.

In the meantime, the Department of Homeland Security is already preparing for the end of the Title 42 public health order and has already established country-specific entry processes for Cubans, Haitians and Nicaraguans, modeled on the successful processes for Venezuelans and Ukrainians, which combine safe, orderly and lawful pathways to the United States, including authorization to work.

These country-specific changes should alleviate distress at the border and increase the pool of labor available to U.S. employers with short-term needs.

The government has developed a CBP One app to allow noncitizens to schedule appointments to present themselves at ports of entry, facilitating safe and orderly arrivals. Specifically, these country-specific processes will provide a lawful and streamlined way for qualifying nationals of Cuba, Haiti, Nicaragua and Venezuela to apply to come to the United States, without having to make the dangerous journey to the border only to be turned away.

Through a fully online process, individuals can seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for a temporary grant of parole for up to two years, including employment authorization, if they:

1. 1. 1. Pass rigorous biometric and biographic national security and public safety screening and vetting
      2. Have a supporter in the United States who commits to providing financial and other support
      3. Complete vaccinations and other public health requirements

These processes (that went into effect on Jan. 6) will allow up to 30,000 qualifying nationals per month from these countries to reside legally in the United States for up to two years and to receive permission to work here during that period.  And this stable and regulated flow of nationals of Haiti, Cuba, Nicaragua and Venezuela should significantly ease the significant labor supply shortages that have burdened U.S. employers since the pandemic.

For questions about obtaining employment authorization through the new parole processes for nationals of Haiti, Cuba, Nicaragua and Venezuela or for advice or guidance, contact Brandon Davis, Laura Buck or any member of the Phelps Immigration team.