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United States: DHS Extends and Redesignates Venezuela for Temporary Protected Status

October 3, 2023

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  • United StatesUnited States

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At a glance

  • The Department of Homeland Security (DHS) has extended Venezuela for Temporary Protected Status (TPS), from March 11, 2024 to September 10, 2025.
  • DHS has also redesignated Venezuela for TPS from October 3, 2023 to April 2, 2025.
  • The registration period for new TPS applicants will run from October 3, 2023 to April 2, 2025. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
  • Current Venezuelan TPS beneficiaries who wish to extend their benefits will be required to re-register between January 10, 2024 and March 10, 2024. Those whose current EADs will expire before receiving a new one will receive an automatic extension through March 10, 2025.

The issue

The Department of Homeland Security (DHS) has extended Venezuela for Temporary Protected Status (TPS) for 18 months, from March 11, 2024 to September 10, 2025, and has also redesignated the country for TPS for 18 months, from October 3, 2023 to April 2, 2025. Current Venezuelan TPS beneficiaries will have 60 days, from January 10, 2024 to March 10, 2024, to request an 18-month extension of status and work authorization under the prior Venezuela designation, which was announced in 2021 (“2021 TPS designation”). New applicants will have from October 3, 2023 to April 2, 2025, to file for TPS status and for related employment authorization documents (EADs) and travel permission under the new, separate designation (“2023 TPS designation”). 

DHS has determined that conditions in Venezuela warrant continued and renewed Temporary Protected Status (TPS) due to the ongoing political, economic, and humanitarian crisis in the country. The agency has determined that current conditions prevent Venezuelan nationals from returning to Venezuela safely. 

TPS eligibility and application process for new applicants

Venezuelan nationals can apply for TPS status under the 2023 TPS designation if they have continuously resided in the United States since July 31, 2023, and have been continuously physically present in the United States since October 3, 2023. Applicants must file a Form I-821 application with appropriate fees (or request for fee waiver) with U.S. Citizenship and Immigration Services (USCIS) within the redesignation period from October 3, 2023 to April 2, 2025. Applicants may also apply for EADs and for travel authorization during this time, by submitting the corresponding forms and fees or fee waiver request.

All individuals applying for TPS undergo security and background checks as part of determining eligibility. Biometrics collection (fingerprinting) is generally required for applicants ages 14 and older.

 

Re-registration process for current TPS holders

Current Venezuelan TPS beneficiaries can continue to extend their status and work authorization provided that they previously registered for TPS under the 2021 designation of Venezuela and their application was granted.

  • Who may re-register: Re-registration is limited to those who previously registered for and were granted TPS under the 2021 TPS designation for Venezuela.
  • When to re-register: Current Venezuelan TPS beneficiaries must submit Form I-821 to USCIS between January 10, 2024 and March 10, 2024.
  • Extending employment authorization: Beneficiaries who wish to extend their employment authorization for 18 months must also submit a timely Form I-765 application for an employment authorization document (EAD) and the applicable fees (or a fee waiver application).
  • Automatic EAD extensions: DHS is providing an automatic extension, through March 10, 2025, for EADs bearing an expiration date of March 10, 2024, or September 9, 2022 and an A-12 or C-19 category.
  • Pending TPS and/or EAD applications from prior registration period: If a previously filed application is approved, approval notices and document expiration dates will reflect the latest expiration date of September 10, 2025. There is no need for a foreign national to file either application again in order to benefit from the extension. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD. 

Looking ahead

The extension of TPS for Venezuela means that current TPS beneficiaries who submit a timely application and receive an approval may continue to work and remain in the United States through September 10, 2025. The new 18-month redesignation means that new TPS applicants who qualify under the 2023 designation may obtain TPS and related work benefits through April 2, 2025. 

Prior to the conclusion of the 18-month extension and redesignation, the DHS Secretary will review conditions to determine whether Venezuela’s TPS designations should be extended again.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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