/>iHighlights
- U.S. Department of Homeland Security ends 2023 Temporary Protected Status (TPS) designation for Venezuela
- 2021 TPS designation for Venezuela valid until Sept. 10, 2025, and 2023 TPS designation for Venezuela valid until April 7, 2025
- Other TPS designations are not affected
The U.S. Department of Homeland Security (DHS) has terminated the 2023 Temporary Protected Status (TPS) designation for Venezuela, effective April 7, 2025, or 60 days following its publication on Feb. 5 in the Federal Register.
The formal notice, Termination of the October 3, 2023 Designation of Venezuela for Temporary Protected Status, describes how DHS has determined Venezuela no longer meets the conditions allowing its eligible nationals to remain in the U.S.
Venezuela currently has two separate TPS designations, each granting employment authorization to different groups of Venezuelans under distinct TPS programs. On Jan. 28, 2025, DHS announced that it vacated the previous Federal Register notice issued by the former administration.
There are two TPS designations for Venezuela from two different TPS programs for Venezuelans:
| Type of TPS | Current Status |
| 2021 TPS designation for Venezuela | TPS valid until Sept. 10, 2025 |
| 2023 TPS designation for Venezuela | TPS valid until April 7, 2025* |
Employment Authorization
Currently, Venezuelan nationals granted TPS are not eligible for an EAD extension. In addition, DHS is in the process of invalidating any EADs issued that show a Category Code of A12 or C19 for Venezuela with an Oct. 2, 2026, expiration date. For employers and employees, the consequences of the vacatur/termination notices include:
- Venezuelan nationals granted TPS pursuant to the 2021 designation are work authorized until Sept. 10, 2025, unless an extension is granted
- Venezuelan nationals granted TPS pursuant to the 2023 designation are work authorized only until April 2, 2025
The DHS secretary’s termination notice does not change the expiration date of the 2021 TPS designation. If the DHS does not make a timely determination by July 12, 2025, regarding the 2021 Venezuela TPS, the statute automatically extends the designation for six months. Otherwise, if the secretary decides to terminate the 2021 Venezuela TPS designation, it will end on Sept. 10, 2025.
Takeaways
- Employers should review the copies of EADs, if available
- Check for classification of A12 or C19
- Check for country of birth: Venezuela
Individuals affected should consider consulting with immigration counsel to explore other available immigration alternatives.
