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How DHS’ TPS Reversal for Venezuelans Impacts Employers

How DHS’ TPS Reversal for Venezuelans Impacts Employers

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How DHS’ TPS Reversal for Venezuelans Impacts Employers

DHS Secretary Kristi Noem Revokes Venezuela’s TPS Redesignation—What It Means for 600,000 Venezuelans in the U.S.

In a major policy shift, DHS Secretary Kristi Noem announced on January 29, 2025, that she is rescinding former DHS Secretary Alejandro Mayorkas’ January 17, 2025, redesignation of Temporary Protected Status (TPS) for Venezuelans. This decision affects approximately 600,000 Venezuelans currently living in the United States under TPS.

Background on Venezuela’s TPS Designation

Former Secretary Mayorkas had twice designated Venezuela for TPS:

  • First designation: May 9, 2021
  • Second designation: October 3, 2023

Before Secretary Noem’s decision, TPS was set to expire as follows:

  • 2021 designation: September 10, 2025
    • Work permits (EADs) valid until April 2, 2026
  • 2023 designation: October 2, 2026
    • Work permits (EADs) valid until April 2, 2026

The 2023 redesignation allowed 2021 TPS holders to re-register under the newer designation. However, Secretary Noem’s move nullifies Mayorkas’ January 17, 2025 decision, meaning 2021 TPS holders will revert to their original designation.

What’s Next? Key Deadlines for TPS Extensions

By law, TPS extensions or redesignations must be decided at least 60 days before expiration. That means:

  • Secretary Noem must decide on the 2023 TPS extension by February 1, 2025
  • The 2021 TPS extension decision is due by July 12, 2025
READ ALSO:  DHS: Automatic Extension of Work Authorization for Certain Renewal Applicants

If no action is taken by these deadlines, TPS will expire sooner than expected:

  • April 2, 2025 (2023 designation)
  • September 10, 2025 (2021 designation)

Each designation will receive a final automatic six-month extension before officially ending.

What This Means for Venezuelan TPS Holders

  • USCIS will no longer accept TPS re-registration applications (Form I-821) or work permit applications (Form I-765) under the revoked redesignation.
  • Pending applications will be returned along with filing fees.
  • USCIS will invalidate work permits and I-94 forms with the October 2, 2026 expiration date.

Work Authorization for Venezuelan TPS Holders

Employees with TPS may still be work-authorized if they have a valid Employment Authorization Document (EAD) or are eligible for automatic extensions. However, work authorization should be reviewed on a case-by-case basis.

 

 

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