Temporary Protected Status (TPS) For Venezuelans Will Continue For Now

Español

In light of a recent federal court order, the Department of Homeland Security’s (DHS) decisions to vacate the extension of and terminate Venezuela’s 2023 TPS designation has been postponed pending the outcome of the federal case.

What Does This Mean?

This means that, for now, both the Venezuela 2021 and 2023 TPS designations remain in effect unless and until the federal court orders otherwise.

The 2023 TPS designation has been extended from April 3, 2025 to October 2, 2026.

Additionally, the January 17, 2025 Federal Register Notice extends current Employment Authorization Documents/work permits with category A12 or C19 and certain expiration dates (September 10, 2025;  April 2, 2025; March 10, 2024, and September 9, 2022) through April 2, 2026. A TPS-holder can demonstrate this extension to their employer by showing them their current work permit with a qualifying category and expiration date, along with the January 17, 2025 Federal Register Notice. These documents together establish that that a Venezuelan TPS-holder is authorized to work in the United States through April 2, 2026.

Current TPS-holders are still permitted to apply for international travel authorization but should consult with an experienced immigration attorney before leaving the United States.

What Are Your Options?

Current TPS-holders under Venezuela’s 2021 designation (the first registration took place in 2021) who do not re-register will lose their status on September 10, 2025. They do have the option to re-register to extend their status through October 2, 2026. Note that DHS is required to decide whether to extend or terminate Venezuela’s 2021 designation by July 12, 2025. If DHS decides to terminate the 2021 designation and current TPS-holders have not re-registered before that decision is made, their TPS and work authorization will expire on September 10, 2025.

 

You can find information about the filing requirements and deadlines on USCIS’s website for TPS Venezuela.

 

For more information on TPS or other immigration matters, please contact Kolko & Casey, P.C.

This advisal is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this article without seeking the advice of a competent, licensed immigration attorney.