United States: DHS Extends Temporary Protected Status for Venezuela
January 13, 2025
At a glance
- The Department of Homeland Security is extending Temporary Protected Status (TPS) for Venezuela through October 2, 2026.
- Current Venezuelan TPS beneficiaries who wish to extend their benefits will be required to re-register during a re-registration period that is scheduled to begin on January 17, 2025 and end on September 10, 2025.
- Those with expiring Venezuela TPS EADs will receive an automatic EAD extension, through April 2, 2026.
The issue
The Department of Homeland Security (DHS) is extending Temporary Protected Status (TPS) for Venezuela for 18 months, from April 3, 2025 to October 2, 2026, according to an advance copy of a notice scheduled for publication in the Federal Register on January 17, 2025. To request an 18-month extension of status and work authorization, Venezuela TPS beneficiaries must re-register for TPS during the re-registration period, which will run from January 17 to September 10, 2025.
DHS has determined that conditions in Venezuela warrant continued Temporary Protected Status, due to the current complex and multidimensional humanitarian crisis that prevents Venezuelan nationals from safely returning to their country.
Re-registration process for current Venezuela TPS holders
Current Venezuela TPS beneficiaries can extend their status and work authorization provided that they previously registered for TPS under either the March 9, 2021 or the October 3, 2023 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 designation for Venezuela.
- When to re-register: Current Venezuela TPS beneficiaries must submit Form I-821 to USCIS during the re-registration period that will begin on January 17, 2025 and end on September 10, 2025.
- 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 January 17, 2025, approval notices and document expiration dates will reflect the latest expiration date of October 2, 2026.
- Automatic EAD extensions: As DHS recognizes that re-registrants may not receive new EADs before their current cards expire, the agency is providing an automatic extension, through April 2, 2026, for EADs bearing a Category code of A-12 or C-19 and an expiration date of either: September 10, 2025, April 2, 2025, March 10, 2024, or September 9, 2022. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended TPS EAD.
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.
Looking ahead
The extension of TPS for Venezuela means that beneficiaries who submit a timely application and receive an approval may be granted authorization to continue to work and remain in the United States through October 2, 2026. Prior to any further extension of TPS, DHS would review conditions to determine whether the TPS designation for Venezuela should be extended again or terminated.
It should be noted that the first Trump administration attempted to terminate a number of TPS programs, which resulted in court challenges. If the incoming Trump Administration were to seek to take action to terminate Venezuela TPS, such an action might prompt similar court challenges.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.