United States: DHS Announces Re-Registration Process for Venezuelan TPS Beneficiaries; Extends Relaxed Employment Options for Venezuelan F-1 Students

Current Venezuelan TPS beneficiaries can extend their status and work authorization provided that they previously registered for TPS under the designation of Venezuela and their application was granted. 

• Who may re-register: Only beneficiaries of the initial Venezuela TPS designation who were already residing in the United States as of March 8, 2021 are eligible to re-register for TPS and apply to renew their EADs, if they otherwise continue to meet eligibility requirements.
• When to re-register: Current Venezuelan TPS beneficiaries must submit Form I-821 to USCIS between September 8, 2022 and November 7, 2022.
• Extending employment authorization: Beneficiaries who wish to extend their employment authorization must also submit a timely Form I-765application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
• Pending TPS and/or EAD applications from prior registration period: There is no need for a foreign national with a pending TPS and/or EAD application to file a second application in order to benefit from the extension. For applications that are pending when the re-registration period begins on September 8, 2022, approval notices and document expiration dates will reflect the latest expiration date of March 10, 2024.
• Automatic EAD extensions: As DHS recognizes that re-registrants may not receive new EADs before their current cards expire, DHS is providing an automatic one-year extension, through September 9, 2023, for EADs bearing an expiration date of September 9, 2022 and a Category code of A-12 or C-19. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD. 

Certain nationals of Venezuela (or individuals having no nationality who last habitually resided in Venezuela) who have not previously applied for TPS may be eligible to apply for late initial registration if they meet certain criteria, including continuous residence in the United States since March 8, 2021, and continuous physical presence in the United States since March 9, 2021. Such individuals should file their applications before the September 9, 2022 deadline for initial applications.

Venezuelan nationals who do not currently reside in the United States, or who arrived in the United States after March 8, 2021, are not eligible for TPS.

Separately, DHS is renewing its suspension of certain employment authorization rules for Venezuelan students in F-1 status who are experiencing severe economic hardship as a result of the humanitarian crisis in Venezuela. The relaxed employment authorization rules for such students, which took effect in April 2021 and were set to expire on September 9, 2022, have been extended through March 10, 2024.

Under the relaxed rules, qualifying Venezuelan F-1 students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load, while continuing to maintain their F-1 nonimmigrant student status. DHS will deem students who obtain employment authorization under this policy to be engaged in a “full course of study” if the student maintains the minimum course load requirements described in the Federal Register notice implementing the policy.

To qualify, F-1 students must establish that they:

• Are a citizen of Venezuela (or an individual having no nationality who last habitually resided in Venezuela);
• Were lawfully present in the United States in F-1 status on April 22, 2021;
• Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified;
• Are currently maintaining F-1 status; and
• Are experiencing severe economic hardship as a direct result of the humanitarian crisis in Venezuela.

F-1 students who receive authorization from their Designated School Official (DSO) to work off campus may apply for an EAD by submitting the required application form and corresponding fee (or fee waiver request). F-1 students employed on campus do not need to apply for an EAD but do require DSO authorization.

The extension of TPS for Venezuela means that beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through March 10, 2024. Prior to the conclusion of the 18-month extension, DHS will review conditions to determine whether the TPS designation for Venezuela should be extended again or terminated.

Venezuelans in F-1 status should contact their school’s DSO to determine whether they can avail themselves of the relaxed employment authorization standards.