Important Updates
Important Updates
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
July 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
July 7, 2025 | United StatesThe PIE: Trump Eyes Time Limits on US Student Visas
July 7, 2025 | United States, Honduras, NicaraguaUnited States: DHS Announces End of Temporary Protected Status for Honduras and Nicaragua
July 7, 2025 | United StatesUnited States: July 2025 DOL PERM and PWD Processing Times
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
July 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
July 7, 2025 | United StatesThe PIE: Trump Eyes Time Limits on US Student Visas
July 7, 2025 | United States, Honduras, NicaraguaUnited States: DHS Announces End of Temporary Protected Status for Honduras and Nicaragua
July 7, 2025 | United StatesUnited States: July 2025 DOL PERM and PWD Processing Times
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

United States: Federal District Court Orders Postponement of the Termination of 2023 Venezuela TPS Designation

April 1, 2025

insight-news-default

Countries / Territories

  • United StatesUnited States
  • VenezuelaVenezuela

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

  • The court order postpones until further notice DHS Secretary Kristi Noem’s decision to terminate a 2023 designation of Temporary Protected Status for Venezuelan nationals, which was set to expire imminently.
  • This means that eligible Venezuelan nationals who received TPS benefits under the 2023 designation will receive an automatic extension of employment authorization through April 2, 2026, pursuant to a TPS extension granted during the final days of the Biden Administration.
  • Employers will need to verify the employment authorization of affected Venezuelan TPS beneficiaries in order for them to begin or continue employment after April 2, 2025.

The issue

Late Monday, a federal judge in the Northern District of California granted plaintiffs’ motion to postpone Homeland Security Secretary Kristi Noem’s decision to vacate a January 2025 extension of the 2023 Venezuela Temporary Protected Status (TPS) designation and her later decision to terminate the designation. The judge’s order is nationwide in scope. The case is National TPS Alliance v. Noem, Case No. 3:25-cv-01766 (N.D. Ca., filed Feb. 19, 2025). 

The court order means that individuals covered by the 2023 TPS designation for Venezuela – whose TPS benefits were set to terminate on April 7, 2025 under Secretary Noem’s direction – will retain their employment authorization and other TPS benefits while the lawsuit proceeds, pursuant to a now-revived TPS extension granted by former DHS Secretary Alejandro Mayorkas on January 17 of this year.

The government has appealed the decision to the Ninth Circuit Court of Appeals and is seeking a stay of the court order.

Background

On January 17, 2025, then-DHS Secretary Mayorkas extended Temporary Protected Status (TPS) for Venezuela for 18 months, from April 3, 2025 to October 2, 2026. Secretary Mayorkas’s extension applied to two prior designations of TPS for Venezuela – one issued in 2021 and a second issued in 2023. TPS beneficiaries were required to re-register with DHS between January 17 and September 10, 2025 in order to obtain extended benefits. They also benefited from an automatic extension of employment authorization through April 2, 2026.

On January 28, new DHS Secretary Noem announced that she was vacating Secretary Mayorkas’s extension. The vacatur meant that TPS for Venezuela would revert to its prior expiration dates of April 2, 2025 (for the 2023 designation) and September 10, 2025 (for the 2021 designation), while Secretary Noem decided whether to extend protections in her own right. Shortly thereafter, the Secretary made the decision not to further extend the 2023 designation. She specified April 7, 2025 as the date that TPS benefits granted under the 2023 designation would expire; she also stated that employers would be required to reverify the employment authorization of affected employees by April 7, 2025. As to the 2021 designation, the Secretary announced that she would decide by July 2025 whether to extend benefits or allow them to lapse. DHS also suspended the adjudication of TPS re-registrations for Venezuela.

Secretary Noem’s TPS vacatur and termination are being challenged in several lawsuits, including the instant case.

Impact of the court’s decision

The court decision means that the 2023 designation and its extension through October 2, 2026 remain in place while the lawsuit proceeds. Beneficiaries under the 2023 designation will also receive an automatic extension of their current EADs through April 2, 2026, discussed further below. Separately, TPS remains valid for current beneficiaries of the 2021 Venezuela TPS designation through September 10, 2025.

However, the government has appealed the decision to the Ninth Circuit Court of Appeals and is seeking a stay of the court order. If a stay is granted, DHS may once again enforce the TPS termination. Fragomen is closely monitoring the case and will provide updates as new details become available.

Do Venezuelan TPS beneficiaries need to register or re-register?

The Mayorkas extension required those eligible for Venezuela TPS benefits to register or re-register with U.S. Citizenship and Immigration Services between January 17 and September 10, 2025. However, after Secretary Noem vacated the extension, USCIS suspended intake of registrations and returned pending registrations without adjudicating them. 

It is not yet clear whether registration will be reopened pursuant to yesterday’s court order. As noted above, the government has appealed the decision to the Ninth Circuit Court of Appeals and is seeking a stay of the court order. If the appeal is successful, the government may continue to refuse Venezuela TPS registrations. If a higher court affirms the court order, however, USCIS may be required to reopen registration; eligible foreign nationals should therefore be prepared for the need to register in the near future.

What employers and foreign nationals should do now: employment eligibility verification after April 2, 2025

For now, the court order restores TPS work authorization pursuant to former Secretary Mayorkas’s extension, but Venezuelan TPS beneficiaries with an expired or soon-to-expire EAD will need to have their employment authorization verified or reverified on Form I-9 in order to begin or continue their employment after April 2, 2025 through the automatic extension period ending April 2, 2026. This will affect Venezuelan TPS beneficiaries with EADs bearing a category code of A-12 or C-19 and an expiration date of April 2, 2025, March 10, 2024, or September 9, 2022.  

Employers should contact their Fragomen professional or the firm’s Government Strategies and Compliance Group for detailed instructions on the I-9 process for affected foreign nationals. Employers should also be prepared for the possibility that they will need to further reverify the employment eligibility of Venezuelan TPS beneficiaries if the government obtains a stay of yesterday’s court order and resumes enforcement of the TPS termination.

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

Countries / Territories

  • United StatesUnited States
  • VenezuelaVenezuela

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

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

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

© 2025 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.