TPS Venezuela
On Jan. 28, 2025, DHS vacated the Jan. 17, 2025, notice that extended the Temporary Protected Status (TPS) designation for Venezuela. DHS will revert to the TPS redesignation and extension guidance announced in October 2023.
The October 2023 extension of TPS for Venezuela ends on Sept. 10, 2025, for those that registered under the 2021 TPS Venezuela designation. For those that registered under the 2023 designation, TPS designation expires on April 2, 2025.
DHS should have determined by Feb. 1, 2025, whether to extend or terminate the 2023 Venezuela TPS designation, and must determine, by July 12, 2025, whether to extend or terminate the 2021 Venezuela TPS designation. Since DHS failed to make a timely determination by the Feb. 1 deadline, the statute provides for an automatic extension of the designation for 6 months.
U.S. Citizenship and Immigration Services (USCIS) will not accept Venezuela TPS re-registration applications (Form I-821) and associated Applications for Employment Authorization (Form I-765) filed under the Jan. 17 Mayorkas Notice.
For TPS beneficiaries who have already filed applications to re-register for TPS pursuant to the Mayorkas Notice and paid any fees associated with their applications, USCIS will cease processing their applications and issue refunds of any fees paid. Automatic EAD extensions provided by the Jan. 17 Mayorkas Notice have also been rescinded.
USCIS will also invalidate EADs, Approval Notices, and any other TPS documentation that have been issued with Oct. 2, 2026, expiration dates. USCIS will provide refunds for any fees already paid. This is big news for anyone with TPS from Venezuela. What this means is TPS isn’t over but if you have any other way to get legal in this country, now is the time to talk to an immigration attorney.