Venezuela Temporary Protected Status (TPS) Extended and Expanded

The Department of Homeland Security (DHS) has announced it will extend and expand temporary protected status (TPS) for nationals of Venezuela due to the ongoing sociopolitical and economic crisis in Venezuela. Venezuelans who are already benefiting from TPS can extend their status for an additional 18 months until September 10, 2025.

Current beneficiaries from Venezuela who wish to extend their TPS must re-register in a timely manner during the 60-day window from January 10, 2024 to March 10, 2024, in order to maintain their status and authorization to work. USCIS will automatically extend the employment authorization documents (EADs) of certain Venezuela TPS beneficiaries through March 10, 2025 in order to avoid a lapse in employment authorization. Individuals with a current, pending re-registration application are not required to file any further re-registration application at this time.

USCIS will continue to process pending applications filed under the March 9, 2021 designation of Venezuela for TPS (“TPS Venezuela 2021). Individuals with pending TPS applications (Form I-821, Application Temporary Protected Status) or a related employment authorization application (Form I-765, Application for Employment Authorization) are not required to file either application again. Therefore, if USCIS approves a pending Form I-821 or Form I-765 under TPS Venezuela 2021, USCIS will then grant the individual TPS through September 10, 2025, and will issue an EAD also valid through the same date.

Under the expansion of the program (referred to as “redesignation”), Venezuelan nationals or individuals with no nationality who last lived in Venezuela, who have been living in the United States since July 31, 2023 and have been continuously present in the United States from October 3, 2023 will be able to apply for TPS. Redesignation impacts potential first-time applicants and others who are not beneficiaries of TPS. For first-time applicants, the registration period will run from October 3, 2023, through April 2, 2025. 

First-time applicants for TPS under the expansion of Venezuela must submit Form I-821 Application for Temporary Protected Status during the initial registration period that runs from October 3, 2023, through April 2, 2025. Applicants may file Form I-821 online. Applicants can also apply for employment authorization by submitting Form I-765, Application for Employment Authorization along with their Form I-821, or separately at a later date. Applicants may also file Form I-765 online. Furthermore, individuals can also apply for travel authorization during this window.  First-time applicants under the expansion will receive TPS and EADs valid through April 2, 2025.

DHS approximates that extending TPS will impact about 243,000 Venezuelan nationals currently benefiting from TPS in the US. The expansion of the program could help an additional estimated 472,000 Venezuelan nationals who have arrived in the United States since TPS for Venezuela was first announced, on March 9, 2021.

By way of background, Temporary Protected Status (TPS) is a humanitarian program the United States offers to nationals of certain countries where conditions prevent their return, such as armed conflict or natural disasters. TPS allows nationals of these countries to live and work in the United States temporarily until their home country stabilizes and they are able to return safely. TPS ensures protection from removal for an individual when their home country is in crisis. More information about TPS can be found here.

We will continue to monitor the various humanitarian programs to support displaced Venezuelan nationals and keep you updated.

The alert is for informational purposes only. Please contact us if you would like to discuss these developments further.