United States | Federal court pauses termination of 2023 Venezuela TPS; EADs issued under program extended

Pending further litigation, the 2023 Temporary Protected Status (TPS) designation for Venezuela will remain in effect in compliance with a U.S. District Court order, and the validity of employment authorization documents (EADs) with certain “Card Expires” dates have been extended through April 2, 2026.

Key Points:

• On March 31, 2025, the United States District Court for the Northern District of California ordered the postponement of the vacatur and termination of the 2023 TPS designation for Venezuela, leaving this TPS designation in effect pending further litigation.
• The Department of Homeland Security confirmed on April 2, 2025, that the agency will revert to the Federal Register notice that was published on Jan. 17, 2025, which provides further guidance. U.S. Citizenship and Immigration Services also posted an alert with Form I-9 instructions.
• Under the terms of the Jan. 17 notice, which are now in effect, the validity of EADs with “Card Expires” dates of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, issued under the Venezuela TPS designations are extended through April 2, 2026, pending further litigation. The USCIS guidance states employers must reverify those employees before they start work on April 3, 2026.

Additional Information: Government updates regarding the program will be posted on the TPS page for Venezuela. USCIS guidance for completing the Form I-9 can be found here. BAL continues to monitor this litigation and related cases.

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

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.