On September 5, 2025, the Department of Homeland Security (DHS) released a prepublication version of the Federal Register Notice officially terminating the 2021 Temporary Protected Status (TPS) designation for Venezuela. The final publication is scheduled for Monday, September 8, 2025, with the termination taking effect 60 days later on November 7, 2025.
We discussed the legal background and implications of this decision in our latest post: Ninth Circuit Upholds Venezuelan TPS Protections—USCIS Terminates 2021 Designation Anyway
Automatic EAD Extension Through November 7, 2025
To support an orderly transition, DHS is automatically extending certain Employment Authorization Documents (EADs) through November 7, 2025, provided the EADs have Category Codes A-12 or C-19 and have an original expiration date of:
- September 9, 2022
- March 10, 2024
- September 10, 2025
Employers may rely on this automatic extension and should take steps to update Form I-9 records accordingly by following USCIS' guidance for automatic extensions.
What's Next? I-9 Compliance and Reverification Responsibilities
As of November 7, 2025, individuals granted TPS under the 2021 Venezuela designation will no longer be authorized to work based on that TPS grant. Unless they qualify under another valid immigration status, obtain an EAD with a non-TPS Category Code, or other valid work authorization documentation, their work authorization will end.
Employers must:
- Update Form I-9 records immediately to reflect the automatic extension;
- Track expiration dates and plan for reverification on or before November 7, 2025; and,
- Engage with affected employees to determine if they have or can obtain another lawful basis to continue working.
No additional TPS-based extensions are expected absent litigation and court intervention.
After reviewing country conditions in Venezuela and consulting with appropriate U.S. Government agencies, the Secretary has determined that the conditions supporting Venezuela's 2021 TPS designation are no longer met.
(Federal Register Notice, 2025-17087)
Pending TPS Applications Will Not Result in TPS-Based EADs
As of June 2025, DHS reported over 106,000 pending applications under the 2021 TPS designation. However, these cases will not result in TPS-based work authorization unless the applicant is eligible for another form of immigration relief. We do expect to see a percentage of employees be able to present new EADs in different categories, including C08 (Asylee applicant).
Employers must avoid assuming continued employment eligibility based solely on the existence of a pending TPS application (e.g., I-797C Receipt Notice).\
For more information contact your Seyfarth relationship attorney or Dawn Lurie directly. The Seyfarth Immigration Compliance & Enforcement specialty group–recognized as national leaders in the field—is trusted by top Fortune 100 companies as well as small businesses across the country for strategic, practical advice. The group offers comprehensive guidance on Form I-9 and E-Verify compliance, ICE inspections, and worksite enforcement actions, internal immigration assessments, I-9 audits, DOL immigration-related wage and hour investigations, general H-1B compliance, and DOJ-IER anti-discrimination matters, including foreign sponsorship and export control/ITAR issues.
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.
