U.S. Citizenship and Immigration Services published guidance for employers regarding completion of the Form I-9, Employment Eligibility Verification, for certain beneficiaries of the Temporary Protected Status (TPS) Venezuela 2023 redesignation.

Key Points:

  • Beneficiaries of the TPS Venezuela 2023 redesignation who received certain TPS-related documentation on or before Feb. 5, 2025, will maintain TPS and their documentation will remain valid pending resolution of ongoing litigation.
  • USCIS guidance on Form I-9 obligations when employees present certain Forms I-766, Employment Authorization Documents (EADs), category A12 or C19, and Forms I-797, Notices of Action, indicating receipt of a timely filed EAD Renewal Application under TPS Venezuela 2023 redesignation, can be found here.
  • Employment authorization for current employees must be reverified no later than the employment authorization expiration date.

Additional Information: On May 19, 2025, the U.S. Supreme Court granted the government’s request for an emergency stay of the district court order in National TPS Alliance, et al., v. Kristi Noem et al., case No. 3:25-cv-1766 (N.D. Cal. March 31, 2025). Based on the Supreme Court’s order, the March 31, 2025, district court order is stayed pending the disposition of the government’s appeal in the United States Court of Appeals for the Ninth Circuit.

On May 30, 2025, the district court in this case ordered that — pending resolution of the litigation — TPS beneficiaries who received certain TPS-related documentation on or before Feb. 5, 2025, will maintain TPS and their documentation will remain valid.

BAL continues to monitor the ongoing litigation and will provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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