The Department of Homeland Security (DHS) has terminated the 2023 Temporary Protected Status (TPS) designation for Venezuela. Under the termination notice, Venezuela’s TPS status pursuant to the Oct. 3, 2023 designation will be terminated effective April 7, 2025. However, work authorization and other TPS-related benefits are valid only through April 2, 2025.
The Details
By way of background, the DHS Secretary may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases can obtain an employment authorization document (EAD).
There are currently two separate TPS designations for Venezuela; a 2021 designation and a separate 2023 designation.
2021 registrants were permitted to re-register under the 2023 designation.
More information on TPS can be found here.
Termination of the 2023 TPS Designation for Venezuela
On January, 28, 2025, the DHS secretary vacated a Jan. 17, 2025, notice that extended the 2023 Temporary Protected Status (TPS) designation for Venezuela to October 2, 2026. The net effect of the vacatur was to revert to the previously issued TPS redesignation and extension guidance that was announced in October 2023. The October 2023 guidance extended the 2023 TPS designation for Venezuela until April 2, 2025.
The DHS secretary was required to determine whether to further extend this designation by February 1, 2025 and an announcement on the U.S. Citizenship and Immigration Services (“USCIS”) website states that the Secretary made a decision to terminate the 2023 TPS designation for Venezuela on February 1.
Consequently, under the termination notice, work authorization issued under the 2023 designation will be invalid after April 2, 2025.
2021 TPS Designation for Venezuela
At this time, TPS remains valid for current beneficiaries of the 2021 designation through September 10, 2025. The DHS secretary must decide whether to further extend this designation by July 12, 2025. If the designation is terminated, then the termination cannot take effect earlier than 60 days after the termination notice is published (and no earlier than September 10). If no decision is made, then an automatic six-month extension will apply.
2021 Venezuela TPS registrants who re-registered under the 2023 designation will have their 2021 designation restored and they will be subject to the 2021 designation dates (effective through September 10, 2025).
Next Steps:
Employers with employees who are impacted by the termination of the 2023 Venezuela TPS designation (e.g. employees with Venezuela TPS and an EAD with an expiration date of April 2, 2025 or October 2, 2026) should evaluate employee work authorizations on a case-by-case basis. Employers should seek advice from an immigration attorney as needed. Depending on the circumstances, employment might continue under the 2021 designation.