Key Points
- The Department of Homeland Security (DHS) has vacated the January 10, 2025, decision to extend Venezuela’s Temporary Protected Status (TPS) to October 2, 2026.
- As a result, the original expiration dates for Venezuela’s TPS designations have been reinstated:
- The 2023 designation is set to expire on April 2, 2025.
- The 2021 designation is set to expire on September 10, 2025.
- US Citizenship and Immigration Services (USCIS) will no longer accept re-registration applications based on the vacated extension and will refund any associated fees.
Overview
On January 28, 2025, the Department of Homeland Security (DHS) announced the immediate vacatur of former Secretary Alejandro Mayorkas’s January 10, 2025, decision to extend Temporary Protected Status (TPS) for Venezuela until October 2, 2026. This vacatur reinstates the original expiration dates for Venezuela’s Temporary Protected Status (TPS) designations:
- 2023 Designation: Expires on April 2, 2025
- 2021 Designation: Expires on September 10, 2025
DHS Secretary Kristi Noem vacated the previous decision, criticizing it for effectively merging the 2021 TPS designation with the 2023 designation without proper justification, thereby undermining the original designation’s independent status. She further noted that the prior decision lacked adequate explanation regarding its consistency with statutory requirements. Consequently, DHS has reverted to the original TPS designations and their respective expiration dates.
Given this change, US Citizenship and Immigration Services (USCIS) will no longer accept re-registration applications filed under the vacated extension. For individuals who have already submitted applications and paid associated fees based on the now-vacated extension, USCIS will cease processing these applications and issue refunds. Additionally, any Employment Authorization Documents (EADs) issued with an expiration date of October 2, 2026, under the vacated decision, will be invalidated, and USCIS will also provide refunds for these cases.
Looking Ahead
Employers and HR professionals should be aware of the reinstated expiration dates for Venezuelan TPS holders:
- 2023 Designation Holders: Authorized to work until April 2, 2025
- 2021 Designation Holders: Authorized to work until September 10, 2025
It’s essential to monitor for any further announcements from DHS regarding potential extensions or terminations of these designations. Employers should ensure that their records reflect the correct work authorization periods for affected employees and be prepared to assist them in understanding their options as these expiration dates approach.
Given the evolving nature of immigration policies, it is advisable to stay informed through official DHS communications and consult with immigration law experts to navigate these changes effectively.
Source: Federal Register
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIP client, consult another qualified professional. This website does not create an attorney-client relationship with CIP.
