On July 14, 2025, E-Verify provided very important guidance to employers in connection with TPS Venezuela and the validity of employment authorization documents (EADs) associated with the 2023 redesignation. Employers who subscribed to E-Verify should have received an email or electronic notification with this guidance. In essence, beneficiaries who received TPS-related documentation on or before February 5, 2025, will maintain TPS, and their EADs will remain valid.
Background
On May 19, 2025, the U.S. Supreme Court granted the government’s request for an emergency stay of Judge Edward Chen’s order in National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. March 31, 2025). Based on the Supreme Court’s order, the March 31, 2025, district court order in case No. 3:25-cv-1766 is stayed pending the disposition of the government’s appeal in the United States Court of Appeals for the Ninth Circuit. On May 30, 2025, the district court in case No. 3:25-cv-1766 ordered that—pending resolution of the litigation—TPS beneficiaries who received certain TPS-related documentation on or before February 5, 2025, will maintain TPS and their documentation will remain valid.
What this means for Forms I-766, Employment Authorization Documents (EADs) category A12 or C19 issued under the TPS Venezuela 2023 redesignation:
TPS Venezuela beneficiaries who received TPS-related EADs that show a “Valid From” date that is on or before February 5, 2025, and a “Card Expires” date of October 2, 2026, will maintain that status and their documentation will remain valid, pending resolution of the litigation.
TPS Venezuela beneficiaries who received TPS-related EADs with a “Card Expires” date of April 2, 2025, and who received Forms I-797, Notices of Action, indicating receipt of a timely filed Form I-765 renewal application that were issued on or before February 5, 2025, automatically extending their employment authorization for up to 540 days, will maintain TPS and employment authorization, and their EADs will remain valid for up to 540 days (i.e., September 24, 2026), pending resolution of the litigation.
Form I-9 Guidance
If employees present the above-listed EADs to complete or update Form I-9, Employment Eligibility Verification, follow this guidance:
If your employee presents an EAD with category A12 or C19 that shows a “Valid From” date that is on or before February 5, 2025, and a “Card Expires” date of October 2, 2026, enter October 2, 2026, on Form I-9 as the expiration date of the EAD.
If your employee presents an EAD with category A12 or C19 and a ”Card Expires” date of April 2, 2025, and a renewal application receipt on Form I-797, Notice of Action, that was issued on or before February 5, 2025, and you determine from the date on Form I-797 that the renewal application was timely filed during the TPS registration period, the employee’s A12 or C19 EAD has been automatically extended for up to 540-days and therefore, enter September 24, 2026 as the expiration date of the EAD.
You must reverify employment authorization for current employees no later than the date employment authorization expires.
For information on completing Form I-9 or Supplement B, see I-9 Central and the M-274.
E-Verify Guidance
If an employee works for an E-Verify employer and receives a mismatch (tentative non confirmation) based on the above EADs, the employee should contest the mismatch by following the instructions on their E-Verify Further Action Notice.
Valid TPS Venezuela EADs
The table below describes category A12 or C19 EADs for the TPS Venezuela 2021 designation and 2023 redesignation that remain valid through the card expiration date or, if applicable, through the automatically extended expiration date.
For a very helpful table provided by E-Verify, please click here.