ARTICLE
10 February 2025

Venezuelan TPS Update: What Employers Should Know About 2023 Designation Not Extended

JL
Jackson Lewis P.C.

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Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,000+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients’ goals to emphasize inclusivity and respect for the contribution of every employee.
Announced in a Federal Register notice published Feb. 5, 2025, Secretary Kristi Noem decided not to extend the 2023 Venezuela TPS designation.
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Announced in a Federal Register notice published Feb. 5, 2025, Secretary Kristi Noem decided not to extend the 2023 Venezuela TPS designation. That designation will expire April 7, 2025.

DHS Secretary 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 affects approximately 600,000 Venezuelans currently in the United States with TPS.

Secretary Noem has until July 12, 2025, to decide whether to extend the 2021 Venezuela TPS designation. If not extended, the 2021 designation will terminate Sept. 10, 2025.

Employees with Venezuela TPS may be work-authorized pursuant to facially valid work authorization documents or auto-extensions. They also may be eligible to change to other non-immigrant status, including visitor status and employment-based visa statuses. Work authorizations and eligibility for change of status should be evaluated on a case-by-case basis. Jackson Lewis' attorneys are available to assist with these evaluations.

During the first Trump Administration, decisions not to extend TPS for several designated countries faced legal challenges and were blocked from taking effect. We will continue to monitor and provide updates regarding any legal challenges to the decision not to extend the Venezuela 2023 TPS designation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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