United States | Federal court allows 2023 TPS designation for Venezuela to continue; USCIS issues guidance regarding EAD validity

The U.S. District Court for the Northern District of California issued a judgment and order on Sept. 5, 2025, setting aside Department of Homeland Security Secretary Noem’s decision, allowing the 2023 Temporary Protected Status (TPS) designation for Venezuela to continue, and extending TPS for beneficiaries under the 2023 Venezuela designation through Oct. 2, 2026.

On Sept. 15, 2025, U.S. Citizenship and Immigration Services published guidance on the validity of certain Form I-766 Employment Authorization Documents (EADs) issued under the 2023 and 2021 TPS designations for Venezuela.

Key Points:

Employers should be aware of the following expiration and reverification dates for certain EADs issued under the 2023 and 2021 TPS designations for Venezuela noted below:

Under the 2023 TPS designation of Venezuela

EADs with a category A12 or C19 and a Card Expires date of April 2, 2025, issued under the 2023 TPS designation of Venezuela expire on April 2, 2026. Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on April 3, 2026.

Under the 2021 TPS designation of Venezuela

EADs with a category A12 or C19 and a Card Expires date of Sept. 10, 2025; March 10, 2024; or Sept. 9, 2022, issued under the 2021 TPS designation of Venezuela, who reregistered under the Jan. 17, 2025, extension notice expire on April 2, 2026. Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on April 3, 2026.

EADs with a category A12 or C19 and a Card Expires date of Sept. 10, 2025; March 10, 2024; or Sept. 9, 2022, issued under the 2021 TPS designation of Venezuela, who did NOT reregister under the Jan. 17, 2025, extension notice expire on Nov. 7, 2025. Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on Nov. 8, 2025.

Learn more about how BAL guides employers through the employment authorization process for different work visas and helps ensure they don’t miss important expiration and reverification dates.

Additional Information: The government has appealed and is currently seeking an emergency stay of the ruling. More information and guidance from USCIS is available on the TPS and I-9 Central websites.

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

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