United States | USCIS provides update regarding TPS and work authorization for certain Venezuelans after Supreme Court ruling

On Oct. 10, U.S. Citizenship and Immigration Services provided an update regarding work authorization for certain 2023 Venezuela Temporary Protected Status (TPS) beneficiaries.

Key Points:

• On Oct. 3, 2025, the Supreme Court allowed the termination of the 2023 Venezuela TPS designation to take immediate effect.
• Per the USCIS website update, “TPS beneficiaries who received TPS-related employment authorization documents (EADs), Forms I-797, Notices of Action and Forms I-94 issued with Oct. 2, 2026, expiration dates on or before Feb. 5, 2025, will maintain work authorization and their documentation will remain valid until Oct. 2, 2026, pursuant to the U.S. District Court for the Northern District of California’s order dated May 30, 2025.”
• The guidance states that beneficiaries who re-registered under the previously vacated Jan. 17, 2025, extension of the 2023 Venezuela TPS designation and received TPS-related EADs, Forms I-797, Notices of Action and Forms I-94 issued with Oct. 2, 2026, expiration dates on or before Feb. 5, 2025, will maintain TPS and work authorization, and their documentation will remain valid through Oct. 2, 2026.
• Separately, the 2021 designation of Venezuela for TPS is currently scheduled to terminate Nov. 7, 2025.

Additional Information: More information on the automatic EAD extension and the continued validity of certain TPS-related documentation can be found here. Employers are encouraged to consult with their BAL attorney for case-specific guidance.

Litigation remains ongoing, and BAL will continue to monitor and provide updates as more information becomes available.

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

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