Temporary Protected Status (TPS) for Venezuela

DHS Rescinds Temporary Protected Status (TPS) for Venezuela

Maggio Kattar

On January 29, 2025, the Department of Homeland Security (DHS) Secretary Kristi Noem announced the rescission of the previously granted 18-month extension of Temporary Protected Status (TPS) for Venezuela. As a result, Employment Authorization Documents (EADs) granted through TPS will now expire on April 2, 2025, instead of the previously planned extension through October 2, 2026.

This change affects approximately 600,000 Venezuelan nationals who currently benefit from TPS protections.

What is TPS?

TPS is a temporary humanitarian program that allows individuals from certain designated countries experiencing ongoing conflict, natural disasters, or other extraordinary conditions to legally reside and work in the United States for a designated period. Individuals granted TPS receive protection from deportation and employment authorization while the designation remains in effect.

It is important to note that there are two separate TPS designations for Venezuela:

  • The 2021 TPS Designation (originally granted in March 2021) remains in effect and EADs issued under this designation will remain valid until September 10, 2025.
  • The 2023 TPS Designation (announced in September 2023) was originally set to expire on April 2, 2025, and was scheduled for an 18-month extension. However, this extension has now been rescinded, meaning EADs issued under the 2023 designation will expire on April 2, 2025, unless further action is taken.

Key Implications for Employers

  • This decision affects employees who currently hold TPS-based work authorization. Employers should be aware that:
  • EADs issued under Venezuelan TPS will now expire on April 2, 2025 unless new legislative or administrative actions extend these protections.
  • I-9 Compliance: Employers must ensure that affected employees present valid work authorization to continue employment beyond the TPS expiration date.
  • Employees may still be eligible for alternative work authorization under other immigration categories, but individual circumstances vary.

If you have questions about compliance or your employees’ work authorization status, we are available to assist please contact your Maggio Kattar attorney. Please feel free to reach out to our office for legal guidance on I-9 compliance, employment verification, and immigration options for affected employees.