The US Department of Homeland Security (DHS) has vacated the January 10, 2025 decision by former Secretary Alejandro Mayorkas regarding Temporary Protected Status (TPS) for Venezuela. The prior decision extended the 2023 TPS designation for Venezuela by 18 months, consolidated filing processes for both the 2021 and 2023 designations, and extended certain Employment Authorization Documents (EADs). The vacatur is effective immediately. Thus, the 2023 TPS designation for Venezuelan nationals and associated EADs will expire after April 2, 2025, and those who registered under the 2021 Venezuela TPS designation will have their protections end on September 10, 2025.
Implications for Venezuelan individuals
On January 28th, the Department of Homeland Security announced that they will vacate the January 10, 2025, decision of former Secretary of Homeland Security Alejandro Mayorkas regarding TPS for Venezuela. Former Secretary Mayorkas extended the 2023 designation of Venezuela for TPS for 18 months, allowed a consolidation of filing processes such that all eligible Venezuela TPS beneficiaries (whether under the 2021 or 2023 designations) may obtain TPS through the same extension date of October 2, 2026, and extended certain Employment Authorization Documents (EADs).
On January 28, 2025, Secretary of Homeland Security Kristi Noem vacated the January 17th, 2025 notice that extended a Temporary Protected Status (TPS) designation for Venezuela. The Department will revert to the TPS redesignation and extension guidance that was announced in October 2023. The Department of Homeland Security has until February 1, 2025 to determine whether they will extend the 2023 designation. If they do not, it means that Venezuelan nationals who registered under the 2023 TPS designation will expire after April 2, 2025. Venezuelan nationals who registered under the 2021 TPS designation will continue to have protection through September 10, 2025, unless DHS grants an extension.
Venezuelan nationals who are in the United States on TPS status and are authorized to work through the benefit of an EAD card will lose their status and work authorization as of April 2, 2025 (for those who registered under the 2023 designation) or September 10, 2025 (for those who registered under the 2021 designation), unless DHS grants an extension or unless applicants are able to change to an alternative status that would allow them to remain and/or work in the US. Venezuelan nationals who currently fall under TPS status should monitor official DHS communications for updates on the status of TPS designations and re-registration procedures. We will continue to monitor any changes to the TPS program.
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Manish Daftari
Partner
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