Temporary Protected Status (TPS) is a humanitarian program in the United States that grants temporary protection from deportation and work authorization to eligible nationals of certain countries experiencing armed conflict, natural disasters, or other extraordinary conditions. TPS does not lead to permanent resident status but allows individuals to live and work legally in the US for designated periods, which can be extended by the Department of Homeland Security (DHS).
In recent months, there have been a number of government actions and communications that have impacted TPS for several countries, including Venezuela and Haiti. TPS beneficiaries and employers should closely monitor USCIS updates and ensure timely re-registration and EAD renewals, as applicable.
TPS beneficiaries and employers should closely monitor USCIS updates and ensure timely re-registration and EAD renewals, as applicable.
For TPS beneficiaries: It is critical to stay up to date with USCIS communications and re-registration periods to maintain valid status and work authorization. Missing a deadline may result in loss of TPS protections and employment eligibility.
For employers: Employers should ensure I-9 documentation is updated accordingly. Continued compliance with employment eligibility verification is essential.
Venezuela
Following the end of the Biden administration and the January 20th inauguration of the Trump administration, there has been significant activity around the TPS designation for Venezuela, with multiple State Department actions and subsequent lawsuits. Below we provide a summary of actions on the Venezuela TPS designation and the current status of the designation.
2021 TPS designation
In March 2021, Secretary Mayorkas (the Secretary of DHS under the Biden administration) designated Venezuela for TPS for 18 months, from March 9, 2021, through September 9, 2022. The designation allowed those “who have continuously resided in the United States since March 8, 2021, and have been
continuously physically present in the United States since March 9, 2021, to apply for TPS.”
DHS extended the 2021 designation twice; the second extension occurred on October 3, 2023, and granted TPS for another 18 months. The extension runs from March 11, 2024 to September 10, 2025.
2023 TPS designation
At the same time as the second extension of the 2021 designation (in October 2023), DHS also redesignated Venezuela for TPS. The redesignation of TPS is a different process from an extension of TPS because it allows new individuals who have arrived in the United States following the initial designation period to be eligible for TPS status. The redesignation covered an 18-month period, from October 3, 2023, through April 2, 2025. This is generally referred to as the “2023 TPS designation”.
While the 2021 designation allowed individuals who had been in the United States since March 2021 to apply, the 2023 TPS designation allowed individuals to apply if they had continuously resided in the United States since July 31, 2023, and had continuously been physically present since October 3, 2023.
DHS estimated that approximately 472,000 additional individuals may be eligible for the 2023 TPS designation.
Extension of the 2023 designation
On January 17, 2025, shortly before the second Trump administration was to take office, Secretary Mayorkas extended the 2023 designation by 18 months, through October 2, 2026. As indicated above, without an extension, the 2023 designation would have ended on April 2, 2025.
In the extension, DHS also clarified the relationship between the two designations for Venezuela—(1) the 2021 designation and (2) the 2023 designation—both of which had been subject to extensions. DHS stated that they would consolidate the filing process and allow for both TPS designation extensions to be valid through October 2, 2026. In their guidance, DHS stated the following:
Will there continue to be two separate filing processes for TPS designations for Venezuela?
No… To decrease confusion among stakeholders, ensure optimal operational processes, and maintain the same eligibility requirements, upon publication of this Notice, individuals registered under either the March 9, 2021 TPS designation or the October 3, 2023 TPS designation will be allowed to re-register under this extension. This would not, however, require that a beneficiary registered under the March 9, 2021 designation to re-register at this time. Rather, it would provide such individuals with the option of doing so. Venezuela TPS beneficiaries who appropriately apply for TPS or re-register under this Notice and are approved by USCIS will obtain TPS through the same extension date of October 2, 2026.
Vacatur of the extension of the 2023 TPS designation
On January 25, 2025, Kristi Noem was sworn in as the Secretary of the Department of Homeland Security. Three days later, on January 28, 2025, the Secretary vacated the extension of the 2023 designation. This action is referred to as a “vacatur” and it was the first time, in TPS’ thirty-five year history, that an extension of a TPS designation was vacated.
Termination of the 2023 designation
On February 1, 2025 (three days after the vacatur of the extension of the 2023 TPS designation was announced), DHS terminated the 2023 TPS designation, with the termination date effective on April 7, 2025.
The notice concluded with the statement that “DHS is terminating only the October 3, 2023 Venezuela TPS designation. The 2021 Venezuela TPS designation remains in effect until September 10, 2025.”
The Northern District Court issues a stay of the DHS decision to terminate the 2023 TPS designation
The DHS procedure to terminate the 2023 TPS designation and the vacating of the extension of the 2023 TPS designation was ultimately challenged by a group representing Venezuelan nationals who were impacted by the decision. On March 31, 2025, the US District Court for the Northern District of California entered an order postponing the termination of the 2023 designation of TPS for Venezuela and the vacatur of the January 17, 2025, extension of TPS for Venezuela.
Current status of TPS and other considerations for TPS applicants
While the merits of the case continue to be debated in court, the current status of the 2021 and 2023 TPS designation for Venezuela is as follows:
For more information, you can visit Temporary Protected Status Designated Country: Venezuela | USCIS
Haiti
The US Department of Homeland Security (DHS) has partially vacated the July 1, 2024 decision by former Secretary of Homeland Security Alejandro Mayorkas regarding Temporary Protected Status (TPS) for Haiti. The February 2025 DHS decision changes the previously scheduled expiration date for Haiti TPS from 18 months to 12 months. Absent DHS action, the TPS designation for Haitian nationals and associated EADs will now end on August 3, 2025.
For more information, you can visit Temporary Protected Status Designated Country: Haiti | USCIS
Nicaragua
The Department of Homeland Security has extended the validity of certain EAD’s issued to TPS beneficiaries under the designation of Nicaragua through March 9, 2025. The re-registration period under the TPS designation of Nicaragua now runs through July 5, 2025.
For more information, you can visit Temporary Protected Status Designated Country: Nicaragua | USCIS
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Manish Daftari
Partner
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