Understanding Immigration Relief Options for Venezuelan Nationals in the United States

Given Venezuela’s recent political crisis and economic instability, United States Citizenship and Immigration Services (USCIS) has introduced new programs and immigration relief options for Venezuelan nationals living in or considering moving to the U.S.

These initiatives offer legal employment opportunities for Venezuelans in the U.S. They complement existing humanitarian visas accessible to all applicants. Even if a Venezuelan national does not meet the criteria for USCIS programs tailored to Venezuelans, they can explore alternative avenues for relief.

Temporary Protective Status

On September 2, 2023, the Department of Homeland Security (DHS) announced an 18-month extension of Venezuela’s Temporary Protective Status (TPS) designation and a separate redesignation of Venezuela for TPS.

DHS temporarily designates a foreign country for TPS when its nationals in the U.S. are unable to return to their designated country due to armed conflict, environmental disaster or other emergencies.

TPS beneficiaries receive protection from removal, along with work and travel authorization for the designated TPS period. However, they must re-register to maintain their TPS status.

Each TPS announcement includes specific requirements for continuous residence and continuous physical presence in the U.S. that applicants must demonstrate. Those ineligible include:

• individuals with a felony conviction or two or more misdemeanor convictions;
• individuals deemed inadmissible under non-waivable criminal or security-related grounds;
• individuals subject to mandatory asylum bars (such as persecutors);
• individuals who cannot meet the continuous residence and physical presence; and
• individuals who fail to meet registration or re-registration requirements.

Venezuelan nationals should maintain records of their arrival, continuous residence and physical presence in the U.S. for future extensions or re-designations, including but not limited to bus and flight tickets, government mail, medical appointments and utility bills.

For those submitting an initial application for TPS under Venezuela’s 2023 redesignation, beginning on October 3, 2023, the beneficiary must register during the registration period that runs from October 3 through April 2, 2025. USCIS encourages applicants to register as soon as possible within the registration period.

However, if an individual currently holds TPS under Venezuela’s 2021 designation, they were required to re-register during the 60-day re-registration period that ran from January 10, 2024 through March 10, 2024. Failure to register promptly could have caused a TPS beneficiary to lose TPS status.

However, under limited circumstances, an applicant who missed the re-registration deadline may  submit a late re-registration application if they can demonstrate good cause for the delayed filing.

As of the date of this USCIS announcement, the DHS estimated that approximately 242,700 TPS applications had been approved for Venezuelan nationals, while approximately 412,000 were eligible for the new redesignation.

Venezuelan F-1 Nonimmigrants

The DHS announced on March 11, 2024, in a Federal Register Notice, the extension of the suspension of specific employment authorization restrictions for Venezuelan nationals holding F-1 nonimmigrant status (as well as those with no nationality who last consistently resided in Venezuela) and are facing severe economic hardship due to the ongoing crisis in Venezuela. This benefit was extended from March 10, 2024, to September 10, 2025.

This notice allows for the suspension of certain regulatory requirements applicable to students holding F-1 nonimmigrant status, specifically those related to employment authorization. The accommodation will continue to provide relief to Venezuelan students who hold F-1 nonimmigrant status.

Benefits for students include the ability to request employment authorization, the opportunity to work an increased number of hours while school is in session and a reduction in course load while continuing to maintain their F-1 nonimmigrant status.

Under this policy, DHS will consider students who acquire employment authorization to be participating in a “full course of study” provided they uphold the minimum course load requirements outlined in the Federal Register notice implementing the policy.

This pertains solely to students who hold F-1 nonimmigrant status and who meet the following criteria:

• They are citizens of Venezuela, regardless of their country of birth, or individuals with no nationality who previously resided in Venezuela habitually;
• They were lawfully present in the U.S. under F–1 nonimmigrant at the time of the notice’s publication;
• They are enrolled in a Student and Exchange Visitor Program (SEVP)-certified academic institution for F–1 nonimmigrant students;
• They are currently maintaining their F–1 nonimmigrant status; and
• They are experiencing severe economic hardship directly attributable to the situation in Venezuela.

The notice extends to F–1 nonimmigrant students enrolled in approved private schools spanning kindergarten through grade 12, public schools encompassing grades 9 to 12, and both undergraduate and graduate education.

Additionally, F–1 nonimmigrant students covered by this notice maintain eligibility for the relief detailed herein even if they transfer to another SEVP-certified academic institution.

A Venezuelan student eligible for F-1 nonimmigrant status who wishes to obtain an employment authorization for off-campus employment with a reduced course load must file a Form I-765, Application for Employment Authorization with USCIS, to apply for employment authorization based on severe economic hardship directly resulting from the current situation in Venezuela.

For F-1 nonimmigrant students who already hold an on-campus or off-campus employment authorization benefit and are otherwise eligible may still benefit from this notice without having to apply for a new work authorization. They will need to inform their designated school official to enter the information into the student’s Student and Exchange Visitor Information System (SEVIS) record.

There is no need for an F-1 nonimmigrant student to apply for reinstatement after the expiration of the special employment authorization if there is a reduction in the student’s full course of study.

Unfortunately, an F-2 dependent spouse or minor child is not authorized to work in the U.S. and will not be eligible for the modifications of this notice.

Lastly, a Venezuelan national who holds TPS is not precluded from applying for F-1 nonimmigrant status and the modifications under this notice if he qualifies and meets the requirements. Provided the F–1 nonimmigrant student adheres to the minimum course load outlined in this notice, refrains from any violation of their nonimmigrant status, as specified under 8 CFR 214.1(g), and maintains TPS, they will retain both F–1 status and TPS concurrently.

Similar to students who already hold an EAD (employment authorization document) based on their F-1 nonimmigrant status, students who have already received an EAD based on TPS and want to enjoy the modifications of this notice based on a reduced course load do not need to apply for a new process with USCIS.

However, they must provide evidence of direct economic hardship resulting from the situation in Venezuela to their designated school official for notation in SEVIS. No new EAD is required for employment authorization in the U.S.

Discretionary Parole

To reduce Venezuelan immigrant arrivals at the Southwest border, the current administration has implemented a discretionary parole program for Venezuelans outside of the U.S.

Announced by the DHS on October 12, 2022, the program enables certain Venezuelan nationals and their qualifying members to request advance authorization for travel to the U.S. and seek discretionary parole.

For Venezuelan nationals to be eligible, they must meet the following requirements:

• have a supporter in the U.S. who will provide financial and other support;
• pass rigorous biometric and biographic national security and public safety screening and vetting;
• warrant a favorable exercise of discretion; and
• complete vaccinations and other public health requirements.

Venezuelan nationals are ineligible if they meet one of the following:

• have been ordered removed from the U.S. in the previous five years;
• have crossed without authorization between ports of entry after the date of the announcement;
• have irregularly entered Mexico or Panama after the date of the announcement, or are a permanent resident or dual national of any country other than Venezuela, or currently hold refugee status in any country; or
• have not completed vaccinations and other public health requirements.

The U.S. government cautions Venezuelans against traveling to Mexico to enter the U.S., as they risk deportation and asylum application bans. Applications for discretionary parole under this program will be reviewed and approved case by case, with air travel permitted to the U.S. Upon arrival, beneficiaries can apply for work authorization.

It is important to note that an individual is ineligible for this program if that person is a dual national or permanent resident, or holds refugee status in, another country, unless DHS operates a similar parole process for the country’s nationals. Immediate family members of an eligible applicant (spouse, common-law partner, or unmarried child under the age of 21) are exempt from this requirement.

Other alternatives

In addition to the options mentioned above, Venezuelan nationals can also apply for other types of immigration relief, including VAWA self-petitions, U-Status, T Status, SIJ Status and family-based permanent residency. Depending on entry circumstances, they may qualify for asylum.

For instance, T nonimmigrant status is for victims of severe trafficking, while U nonimmigrant status is for victims of certain crimes who cooperate with law enforcement. Crimes include rape, trafficking, domestic violence and more. Cooperation with law enforcement is crucial for U nonimmigrant status.

Need to know more?

It’s recommended to consult with an experienced immigration attorney to understand the nuances of each option and ensure a successful application process. Please be aware that immigration law is constantly evolving, and changes can occur.

For more information surrounding Venezuelan immigration options, please contact Associate Ana Gabriela Urizar at [email protected] or Director & Pro Bono Counsel Barbara Camacho at [email protected]. 

This blog was published on April 16, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.