The Department of Homeland Security (DHS) announced the extension of Venezuela’s Temporary Protected Status (TPS) for 18 months and a separate redesignation of Venezuela for TPS. With TPS status, individuals are eligible to file for employment authorization documents (EADs). If granted, the EAD is valid through the TPS designation period. The extension to the current TPS program was previously announced on September 20, 2023, due to ongoing conditions in Venezuela. Eligibility requirements include continuous residence in the U.S. on or prior to July 31, 2023, and a continuous physical presence in the U.S. on or before October 3, 2023.

The redesignation allows for up to 472,000 additional individuals from Venezuela to file their initial TPS application. If Venezuelan nationals arrived in the U.S. after July 31, 2023, they are not eligible. Individuals who did not access lawful pathways to enter the country are subject to removal. In fact, the Department of Homeland Security (DHS) has removed or returned over 253,000 individuals to their previous country of residence since May 12, 2023. In the last four months alone, DHS has returned or removed more family members than in any previous full fiscal year.

Individuals eligible for the new redesignation of Venezuela for TPS (Venezuela 2023), must file their initial Form I-821, Application for Temporary Protected Status between October 3, 2023, and April 3, 2025. To apply for the related EAD, individuals must submit a completed Form I-765, Application for Employment Authorization, with Form I-821, or separately at a later date.

For individuals already in the TPS program for Venezuelans (Venezuela 2021), the extension period runs from March 11, 2024, through September 10, 2025. This allows an estimated 243,000 current beneficiaries to retain their status if they re-register and remain in compliance with eligibility requirements. The 60-day re-registration period runs from January 10, 2024, through March 10, 2024. These dates must be adhered to in order to retain a valid EAD. Understanding that not all re-registrants will be able to receive their updated EAD prior to the expiration of their current document, DHS is automatically extending the validity through March 10, 2025, for qualifying EADS issues under Venezuela 2021.

U.S. Citizenship and Immigration Services (USCIS) continues to process applications submitted through Venezuela 2021. Those with pending Form I-821 or Form I-765 under Venezuela 2021 on October 3, 2023, are not required to file either application again. If USCIS approves a pending Form I-821, TPS will be granted through September 10, 2025. The same applies to pending Form I-765, with a new EAD issued showing the extended validity date.

If you have questions about Venezuela and the TPS program or any other immigration-related issue, contact us at ILBSG. Our team of experienced attorneys works with each client in their particular situation to ensure they get the right advice.