Venezuelan TPS

Court Order Stabilizes Work Authorization for Venezuelan TPS Beneficiaries (2023 Designation)

Maggio Kattar

On May 30, 2025, the U.S. District Court for the Northern District of California issued a ruling in National TPS Alliance v. Noem, affirming that certain immigration documents issued under the 2023 Venezuela Temporary Protected Status (TPS) designation remain valid while litigation over the program’s termination continues.

The court’s ruling confirms that the original expiration dates of valid documents remain in effect. For many individuals under the 2023 TPS designation, this means documents—such as Employment Authorization Documents (EADs), Form I-94s, and Form I-797 notices—remain valid through October 2, 2026, unless otherwise noted on the face of the document.

What This Means for Employers of Venezuelan TPS Beneficiaries:

  • Venezuelan TPS documents issued under the 2023 designation remain valid through their stated expiration dates. The court’s decision blocks DHS from invalidating these documents prematurely.
  • This ruling does not impact TPS beneficiaries covered under the 2021 Venezuela designation, which remains in effect and unchanged.

Key Events Impacting Venezuelan TPS Designations

  • In January 2025, DHS announced the termination of the 2023 TPS designation for Venezuela.

  • On May 19, 2025, the U.S. Supreme Court allowed DHS to proceed with the termination but left room for further legal challenges to the status of already-issued documents.

  • The May 30 ruling preserves the validity of TPS-based documents issued under the 2023 designation, up to their original expiration dates—many of which are October 2, 2026.

Recommended Employer Actions:

Continue to rely on the stated expiration date on TPS-based documents for I-9 compliance. Most EADs for beneficiaries of the 2023 designation of Venezuelan TPS are valid until October 2, 2026 unless DHS guidance changes.

Do not ask employees to identify their TPS designation year (2021 vs. 2023). Inquiries about immigration status or national origin may violate anti-discrimination laws.

Reinforce the employee obligation to notify the employer if their work authorization changes.

For guidance on managing shifting expiration timelines, refer to our recent  article:

Bottom Line:

TPS-based documents issued under the 2023 Venezuela designation remain valid through their printed expiration dates. Employers should rely on those dates for I-9 compliance and maintain standard procedures—avoiding premature reverification or impermissible inquiries.

For support assessing I-9 records or workforce impact, please contact your Maggio Kattar attorney.