DHS Secretary Kristi Noem announced on Jan. 29, 2025, that she is vacating former DHS Secretary Alejandro Mayorkas' Jan. 17, 2025, redesignation of Temporary Protected Status (TPS) for Venezuela for an additional 18 months. This announcement impacts approximately 600,000 Venezuelans currently in the United States with TPS.
Former Secretary Mayorkas designated Venezuela for TPS once on May 9, 2021, and a second time on Oct. 3, 2023. Under Secretary Mayorkas' Jan. 17, 2025, notice, TPS was extended as follows:
- The 2021 designation expires Sept. 10, 2025. Employment authorization documents for individuals who registered under the 2021 designation expire April 2, 2026.
- The 2023 designation expires Oct. 2, 2026. Employment authorization documents for individuals who registered under the 2023 designation expire April 2, 2026.
2021 registrants were permitted to register under the 2023 designation. Secretary Noem's announcement intends to vacate the Jan. 17, 2025, notice. Following Secretary Noem's announcement, any 2021 registrants who registered under the 2023 designation will have their 2021 designations restored.
As TPS redesignations or extensions must be made at least 60 days prior to the expiration date, Secretary Noem must decide whether to extend the 2023 designation no later than Feb. 1, 2025, and the 2021 designation no later than July 12, 2025. If no decisions are issued by these deadlines, the designation expirations will revert to those in place prior to Former Secretary Mayorkas' Jan 17, 2025 redesignation of TPS – April 2, 2025 for the 2023 designation and September 10, 2025 for the 2021 designation. There will be an automatic, final six-month extension of each designation.
As a result of this announcement, USCIS will no longer accept Venezuela TPS re-registration applications (Form I-821) and Applications for Employment Authorization (Form I-765) filed under former Secretary Mayorkas' Jan. 17, 2025, redesignation. USCIS will cease processing applications already submitted and return associated filing fees. Additionally, USCIS will invalidate Venezuela TPS work authorization documents, approval notices, and I-94 forms issued with Oct. 2, 2026, expiration dates.
Employees with Venezuela TPS may be work-authorized pursuant to facially valid work authorization documents or auto-extensions. Employee work authorizations should be evaluated on a case-by-case basis. Jackson Lewis attorneys are available to assist with these evaluations.
Jackson Lewis attorneys will continue to monitor this issue and provide updates.
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