By: Patricia Gannon, Esq. and Marcela Bermudez, Esq.
On September 3, 2025, the Department of Homeland Security (DHS) announced the termination of the 2021 Temporary Protected Status (TPS) designation for Venezuela. The termination will be effective 60 days after the notice is published in the Federal Register. The Federal Register is scheduled for publication on September 8, 2025, as noted in the advance copy of the Federal Register notice. The 2021 Venezuela TPS designation will terminate on November 7, 2025, which is 60 days after the proposed September 8, 2025, publication. TPS beneficiaries under this designation will be given an automatic extension of the validity of their employment authorization cards (EADs) through November 7, 2025. Employers will need to reverify the employment eligibility of all employees who presented the 2021 TPS EADs.
As background, there were two separate TPS designations for Venezuela – one in 2021 and the other in 2023. Individuals who have an employment authorization card (EAD) that expires on September 10, 2025, are under the 2021 TPS designation. Those with EADs ending in April 2025 are under the 2023 designation.
The 2023 TPS designation for Venezuela remains officially terminated for now; however, for a limited group of beneficiaries, their status remains uncertain. As background, in May of 2025, the Supreme Court stayed a district court’s ruling that challenged the authority of the US Government to terminate the 2023 TPS designation for Venezuela. Although the more recent Ninth Circuit court decision in favor of the District Court in August 2025, the Supreme Court’s stay of the district court’s order remains in effect at least until the petition for review is decided. Therefore, pending a decision for Supreme Court review, TPS beneficiaries remain without status and lack TPS protection pending the outcome of litigation. However, those who have either one of the following documents issued on or before February 5, 2025, maintain their status and have automatic extensions as follows until resolution of litigation:
- I-765 Notice of Action automatically extending work authorization for 540 days; or
- Final TPS approval or I-94 granting TPS status through 10/02/26.
All TPS-related documentation that was received AFTER February 5, 2025, is no longer valid.
There is a lot of uncertainty with respect to upcoming litigation, which has caused a lot of confusion for employers who are trying to comply with the law and manage employees affected by these TPS terminations. We understand and appreciate these concerns and will be providing updates as we receive them to continue to guide you.