Important Updates
Important Updates
January 8, 2026 | 🌐Minimum Salary Changes Announced
January 9, 2026 | BahrainMiddle East: Scheduled Increase in Employer Monthly Contribution Rate
January 9, 2026 | Republic of Korea (South Korea)South Korea: 'Visit Korea Year' Temporarily Exempts 22 Countries from K-ETA
January 9, 2026 | United StatesUnited States: Premium Processing Fees Will Increase Effective March 1
January 8, 2026 | United StatesLexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026
January 8, 2026 | 🌐Minimum Salary Changes Announced
January 9, 2026 | BahrainMiddle East: Scheduled Increase in Employer Monthly Contribution Rate
January 9, 2026 | Republic of Korea (South Korea)South Korea: 'Visit Korea Year' Temporarily Exempts 22 Countries from K-ETA
January 9, 2026 | United StatesUnited States: Premium Processing Fees Will Increase Effective March 1
January 8, 2026 | United StatesLexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026
January 8, 2026 | 🌐Minimum Salary Changes Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: DHS Issues Notice Terminating 2023 TPS Designation for Venezuela

February 3, 2025

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Today, the Department of Homeland Security (DHS) released an advance copy of a notice that terminates the 2023 Temporary Protected Status (TPS) designation for Venezuela 60 days after the notice’s publication, which is set for February 5.
  • Upon the effective date of the notice, those with TPS under the 2023 designation will lose protection.
  • Those who are registered under the 2021 Venezuela TPS designation will maintain TPS protection through at least September 10, 2025.

The issue

The Department of Homeland Security is terminating the 2023 Temporary Protected Status (TPS) designation for Venezuela, according to an advance copy of a Federal Register notice that will be published on February 5 and take effect 60 days later. Under the notice, TPS beneficiaries who registered only under the 2023 Venezuela designation will no longer have TPS protection from removal after the effective date, and their TPS-related employment authorization and related documents will no longer be valid.

According to DHS, it is terminating the 2023 Venezuela TPS determination because, even if the relevant conditions in Venezuela remain both “extraordinary” and “temporary,” – two of the criteria for TPS designation – the DHS Secretary has made a determination that it is contrary to the U.S. national interest to permit Venezuelan beneficiaries to remain temporarily in the United States.

Impact on beneficiaries of the 2023 designation

Last week, Secretary of Homeland Security Kristi Noem vacated a January 17, 2025 Federal Register notice that had extended Temporary Protected Status (TPS) for Venezuela through October 2, 2026. Secretary Noem’s action returned the 2021 and 2023 Venezuela TPS designations to their prior expiration dates.

Following Secretary Noem’s vacatur, the expiration date for the 2023 designation reverted to April 2, 2025 and DHS was required to determine whether to extend the designation by Saturday, February 1, 2025. An announcement on the USCIS website states that Secretary Noem made a decision to terminate the 2023 TPS designation for Venezuela on February 1.

Under the termination notice and DHS announcement, Venezuela TPS protection, work authorization and other TPS-related benefits issued pursuant to the 2023 designation will be invalidated 60 days after the February 5 publication of the DHS termination notice.

2021 Venezuela TPS designation remains valid for now

TPS will remain valid for current beneficiaries of the 2021 Venezuela TPS designation through September 10, 2025. A decision on whether to extend this designation must be made by DHS by July 12, 2025. If DHS decides to terminate the designation by that date, the termination cannot take effect earlier than 60 days after the termination notice is published (and not earlier than September 10). According to DHS, if a determination is not made by that date, a six-month extension of the designation would apply.

DHS also stated that for any 2021 Venezuela TPS registrants who chose to register under the 2023 designation – as they were permitted to do under the now-vacated Venezuela TPS extension notice – the agency will restore their 2021 designation, and they will be subject to the 2021 designation validity dates.

What it means

Current beneficiaries of the 2023 TPS designation may wish to seek immigration counsel to determine if there are other available immigration pathways for remaining in the United States and maintaining work authorization after their TPS protection and work authorization expire.

There is some question as to whether DHS issued its notice in a timely manner, since it was issued less than 60 days prior to the TPS designation end date. This issue could be raised in litigation that may be filed challenging the termination of Venezuelan TPS. The first Trump administration attempted to terminate a number of TPS designations, which resulted in court challenges. Secretary Noem’s decision to terminate the 2023 Venezuela TPS designation, and/or the timing of the issuance of the notice of termination could 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.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.