Updated Wednesday, October 22, 2025:
Termination of the 2023 TPS Designation for Venezuela
On September 5, 2025, the U.S. District Court for the Northern District of California issued a final order setting aside DHS Secretary Noem’s decision to terminate the 2023 TPS designation for Venezuela. DHS appealed this decision to the Ninth Circuit Court of Appeals on September 10, 2025. However, on October 2, 2025, the Ninth Circuit declined to stay the district court’s order while the appeal was pending. The following day, on October 3, 2025, the U.S. Supreme Court issued an order pausing the U.S. District Court’s decision, effectively allowing the termination of the 2023 TPS designation of Venezuela to take immediate effect while litigation continues.
Venezuela’s 2023 TPS designation has been terminated. According to the most recent USCIS guidance as of October 10, 2025, the status of TPS and employment authorization under the 2023 Venezuela TPS designation is as follows:
- EADs based on the 2023 designation are likely to be treated as expired on April 2, 2025. However, TPS-related EADs issued on or before February 5, 2025 with a “Card Expires” date of October 2, 2026 will remain valid and the TPS recipients will continue to have work authorization through October 2, 2026.
- USCIS guidance states that, as of 10/23, “If you re-registered under the previously vacated Jan. 17, 2025 Extension of the 2023 Designation of Venezuela, and you have a pending Form I-765 EAD renewal application that was received before Feb. 6, 2025, and a Form I-797 Receipt Notice dated before Feb. 6, 2025, that automatically extends the validity of your EAD issued under the TPS designation of Venezuela with an original expiration date of Sept. 10, 2025 or April 2, 2025 for up to 540 days.”
Termination of the 2021 TPS Designation for Venezuela
Secretary Noem terminated the 2021 designation of Venezuela for TPS. This termination is effective November 7, 2025, after which nationals of Venezuela (and stateless individuals who last habitually resided in Venezuela) who have been granted TPS under Venezuela’s 2021 designation will no longer have TPS.
According to the most recent USCIS guidance as of October 10, 2025, the status of TPS and employment authorization under the 2021 Venezuela TPS designation is as follows:
- EADs that expire September 10, 2025, March 10, 2024 or September 9, 2022 under the 2021 designation are valid until November 7, 2025.
- DHS will not extend the 2021 TPS Venezuela designation beyond November 7, 2025.
- Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on Nov. 8, 2025.
Updated Monday, August 18, 2025:
2021 TPS Designation
The Venezuela 2021 Temporary Protected Status (TPS) designation is set to expire on September 10, 2025.
Although the immigration regulations require that the Secretary of Homeland Security to make a determination to either extend or terminate a country’s TPS designation at least 60 days before the designation is set to expire, the Department of Homeland Security (DHS) has yet to make a determination on whether to extend or terminate Venezuela’s 2021 TPS designation. At this point, it is unclear how this failure to make a timely determination will impact the expiration of the TPS designation. Because this remains an open question, we do not advise that those in this status with Venezuela TPS EADs as listed in the chart below continue employment beyond the dates listed in the chart, unless they have alternative authorization to work, or there is further resolution from the government.
2023 TPS Designation
There is litigation currently pending concerning the DHS Secretary’s February 5, 2025 decision to terminate TPS under the 2023 designation for Venezuela. Meanwhile, certain beneficiaries of the 2023 designation are still authorized to work, pending the outcome of future litigation.
Employment Authorization under the 2021 and 2023 TPS Designation for Venezuela
Venezuela TPS Employment Authorization Documents (EADs) with category codes A12 or C19 are valid as follows:
| Expiration Date: |
Valid Through: |
Notes: |
| October 2, 2026 (2023 designation) |
October 2, 2026* |
*Valid only if received on or before February 5, 2025. |
| September 10, 2025 (2021 designation) |
September 10, 2025 |
Valid on face of the card; not subject to any extensions. |
| April 2, 2025 (2023 designation) |
September 24, 2026* |
*If the Form I-797C was received on or before February 5, 2025 then the EAD is extended under the 540-day rule. |
| March 10, 2024 (2021 designation) |
September 1, 2025* |
*If the I-765 application was filed prior to March 10, 2024 (reregistration deadline) then the EAD card is extended under the 540-day rule. |
| September 9, 2022 (2021 designation) |
September 10, 2025* |
*Only if the individual obtained a new EAD card with a September 10, 2025 expiration date. |
Source: American Immigration Lawyers Association (AILA)
UPDATE: On Monday, May 19, 2025, the Supreme Court granted the government’s emergency request to pause U.S. District Judge Edward Chen’s stay on the government’s termination of the 2023 designation for Venezuelan Temporary Protected Status (TPS). See National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. Mar. 31, 2025).
On May 30, 2025, the district court in National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. May 30, 2025) ordered that—pending resolution of the litigation—TPS beneficiaries who received TPS-related employment authorization documents, Forms I-797, Notices of Action, and Forms I-94 issued on or before February 5, 2025, with an expiration date of October 2, 2026, will maintain that status. Their documentation will remain valid during the litigation. This includes TPS-related EADs with a “Card Expires” date of April 2, 2025, when combined with a Notice of Action indicating the Form I-765 renewal application was received on or before February 5, 2025, that automatically extends employment authorization and EADs for up to 540 days from the date on the face of their EADs. All TPS-related documentation with an expiration date of October 2, 2026, received after February 5, 2025, is no longer valid, and those individuals under the 2023 designation no longer have TPS.
TPS under the 2021 designation for Venezuela remains in effect through September 10, 2025.
How do these decisions affect employment authorization for Venezuela TPS holders?
According to U.S. Citizenship & Immigration Services, only Employment Authorization Documents with a Category Code A12 or C19 and an expiration date of September 10, 2025, are valid. There is an exception for TPS beneficiaries who received TPS-related employment authorization documents, Forms I-797, Notices of Action, and Forms I-94 issued on or before February 5, 2025, with an expiration date of October 2, 2026, will maintain that status, and their documentation will remain valid during the litigation.
Employers with questions about these decisions and their impact should contact the immigration team at Nilan Johnson Lewis.
UPDATE: On March 31, 2025, a federal court has granted a Motion to Postpone the DHS Secretary’s Decision to Vacate the Termination of the TPS 2023 designation, which was set to be terminated on April 7, 2025.
Nilan Johnson Lewis is monitoring the pending litigation on this issue and will provide updates as necessary.
On February 5, 2025, the Department of Homeland Security (DHS) published a notice in the Federal Register terminating the 2023 redesignation of Venezuela for Temporary Protected Status (TPS). To understand what this means and who this applies to, the Immigration Team at Nilan Johnson Lewis provides the following summary of TPS for Venezuelans:
- In March 2021, DHS initially designated Venezuela for TPS for 18 months, making it effective through September 9, 2022.
- In July 2022, DHS extended TPS for Venezuelans for 18 months, making it effective through March 10, 2024. This extension – and not a redesignation – applied only to those Venezuelans who could show continuous physical presence in the US since March 8, 2021, the start of the initial registration period.
- On September 20, 2023, DHS extended and redesignated Venezuela for TPS for 18 months, making it effective through April 2, 2025.
- The redesignation means it expanded eligibility to later arrivals – i.e., those Venezuelans who could show continuous physical presence in the United States since October 3, 2023, the start of the redesignation period.
- The redesignation of TPS basically had the effect of creating two TPS options for Venezuelans.
- The first – under the initial 2021 designation – means that TPS is extended to September 10, 2025 (which date represents 18 months from the March 10, 2024 expiration of the extension of the initial designation).
- The second – under the 2023 redesignation – means that TPS is extended to April 2, 2025 (which date represents 18 months from the September 2023 expiration of the redesignation). It is this redesignation that was terminated by the current Administration.
- On January 10, 2025: DHS (under the previous administration) extended the September 20, 2023 designation of Venezuela for TPS for 18 months, making it effective through October 2, 2026.
- January 28, 2025: DHS (under the current administration) terminated the redesignation of Venezuela for TPS. In doing so, DHS vacated the January 10, 2025 designation.
Who Does This Termination Impact?
This termination will impact those Venezuelans granted TPS under the 2023 redesignation. For those individuals, TPS status will expire on April 7, 2025, and employment authorization is set to expire on April 2, 2025.
The termination does not impact those Venezuelans granted TPS under the 2021 designation. These individuals will continue to be allowed to remain in the United States and preserve their employment authorization through September 10, 2025.
When is the termination of the 2023 designation effective?
This termination is effective on April 7, 2025, at 11:59 p.m., local time.
What is the effect of this termination?
After April 7, 2025, nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) who have been granted TPS under the 2023 Venezuela redesignation will no longer have TPS status. DHS will expect TPS holders under the 2023 redesignation to depart the United States by this date if they have not filed for another immigration benefit, such as asylum. To ensure their departure, DHS will most likely commence removal proceedings.
Will there be a lawsuit challenging DHS’s decision?
Given the sudden termination of TPS, litigation is expected. It is possible that a federal court may enjoin DHS from terminating Venezuela’s 2023 TPS designation. Our team will continue to monitor new developments.
What steps can employers take?
Employers of Venezuelans who are subject to this termination should consider screening their employees for other visa options and consider moving them to a nonimmigrant status if possible. If employees who are impacted by this recent termination have other forms of employment authorization, employers must follow I-9 reverification procedures.
If you have specific questions that could impact your employees or business operations, do not hesitate to reach out to one of our Immigration Attorneys.
Attorney & Head, Corporate Immigration