United States | DHS terminates 2021 designation of Venezuela for TPS effective Nov. 7

The Department of Homeland Security (DHS) announced the termination of the 2021 Temporary Protected Status (TPS) designation for Venezuela. U.S. Citizenship and Immigration Services announced the designation will end at 11:59 p.m. on Nov. 7, 2025, 60 days after the planned publication on Sept. 8 of the Federal Register Notice (FRN).

Key Points:

• According to the notice, the decision follows an interagency review with the State Department and USCIS where it was determined that “conditions in Venezuela no longer meet the TPS statutory requirements.”
• The advance copy of the FRN states, “DHS recognizes that Venezuela Temporary Protected Status beneficiaries under the 2021 designation continue to be employment-authorized during the 60-day transition period,” and will automatically extend the validity of certain Employment Authorization Documents (EADs) previously issued under the 2021 TPS designation of Venezuela through Nov. 7, 2025.
• The notice states that TPS beneficiaries can show EADs with the notations A-12 or C-19 under “Category” and a “Card Expires” dates of Sept. 9, 2022; March 10, 2024; and Sept. 10, 2025, as proof of continued employment authorization through Nov. 7, 2025.

Additional Information: Under the TPS statute, DHS must review country conditions at least 60 days before a designation expires. If conditions no longer warrant protection, the designation may be terminated.

Regarding beneficiaries of the 2023 Venezuela TPS designation, in an appellate court ruling on Aug. 29, 2025, the Ninth Circuit Court of Appeals agreed with a lower court’s decision from March that had delayed the government’s cancellation of a Biden-era extension of TPS for Venezuela. That extension officially ended on April 7, 2025. However, because of a related ruling from the U.S. Supreme Court in May, the 2023 TPS designation is still considered expired while the case continues through the appeals process.

This means, as stated in a USCIS update, “All TPS-related documentation with a validity date of Oct. 2, 2026, received after Feb. 5, 2025, is no longer valid and those individuals under the 2023 designation no longer have TPS.”

BAL continues to monitor related developments and will provide updates as more information becomes available.

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

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