USCIS’ Recent Publication of FAQs on the Effect of Changes to Temporary Protected Status (TPS)

May 15, 2025

On May 12, 2025, the U.S. Department of Homeland Security (DHS) announced several changes to Temporary Protected Status (TPS), including through published Federal Register notices. These FAQs address questions that SAVE agencies may have regarding the implementation of these changes, including the effect of court decisions.  Most importantly, the information contained in the FAQs applies not only to SAVE agencies, but to all employers. Here are some of the most important points of the FAQs on TPS:

Is the TPS Venezuela designation terminated?

On February 5, 2025, DHS issued a Federal Register notice that terminated the 2023 designation of TPS for Venezuelans and ended TPS and related benefits associated with the designation on April 7, 2025.

On March 31, 2025, Judge Edward Chen, a federal judge in San Francisco, ordered the department to continue TPS for Venezuelans. See National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. March 31, 2025). The court did so even though the TPS statute says that TPS decisions are not subject to judicial review. For more information, please see the Federal Register notice. DHS has every intention of ending Venezuela TPS as soon as it obtains relief from the court order.

Separately, TPS for Venezuelans under the 2021 designation is scheduled to end on September 10, 2025. For more information about the 2023 and 2021 TPS Venezuela designations visit the USCIS website.

How does the court order affect TPS Venezuela?

DHS is complying with the March 31 court order, ordering DHS to continue TPS for Venezuela.

SAVE is following the Jan. 17, 2025, Federal Register notice extending the 2023 TPS Venezuela designation from April 3, 2025, through October 2, 2026, pending relief from the court’s March 31 order.

Learn more here.

TPS Haiti

What changes did DHS make to TPS Haiti?

DHS announced on February 24, 2025, in a Federal Register Notice that the period of extension and redesignation of Haiti for TPS was amended from 18 months to 12 months and provides an amended end date of August 3, 2025.

How does this affect the SAVE response?

SAVE user agencies who create new SAVE cases will be able to verify the amended end date of August 3, 2025. User agencies may have created SAVE cases between July 1, 2024, and February 24, 2025, that provided a now-incorrect end date of February 3, 2026. Agencies should consider their benefit eligibility policies to determine if new SAVE cases should be created for these aliens based on the amended end date.

SAVE provides point-in-time immigration verification, including current immigration statuses/categories and pending applications. Benefit applicants may have more than one lawful basis to remain in the U.S.

Will DHS issue updated documentation to reflect the amended date?

USCIS  will not  provide updated documents or recall previously issued TPS-related documentation with a February 3, 2026, expiration date (EADs, Forms I-797, Notice of Action or Forms I-94, Arrival/Departure Record).

Agency users may see applicants presenting documents with facial expiration dates that exceed the TPS designation period, which may result in the need for the submission of a SAVE case, including additional verification.

Click here to view our latest immigration post on the effects on paroles.

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USCIS’ Recent Publication of FAQs on the Effect of Changes to Temporary Protected Status (TPS)

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