The Department of Homeland Security (DHS) made significant announcements regarding Temporary Protected Status (TPS) for Venezuela. They extended the TPS status for Venezuela by 18 months and also redesignated Venezuela for the TPS program. Under TPS, individuals can apply for Employment Authorization Documents (EADs), which remain valid for the duration of the TPS designation period. This extension was initially disclosed on September 20, 2023, in response to the ongoing challenges in Venezuela.
To qualify for TPS, individuals must meet specific eligibility criteria. This includes being physically present in the U.S. on or before July 31, 2023, and maintaining a continuous physical presence in the U.S. on or before October 3, 2023, for each Venezuela 2021 and Venezuela 2023, respectively.
The redesignation opens the opportunity for an additional 472,000 individuals from Venezuela to apply for TPS. However, those who arrived in the U.S. after July 31, 2023, are ineligible for this benefit. Furthermore, individuals who did not enter the country through legal pathways are subject to potential removal. Notably, since May 12, 2023, the Department of Homeland Security (DHS) has already taken action to remove or return more than 253,000 individuals to their countries of origin, representing a significant increase in enforcement compared to previous years.
For those eligible for the redesignation of TPS for Venezuela (Venezuela 2023), the application window spans from October 3, 2023, to April 3, 2025. To apply for an associated EAD, individuals must submit a completed Form I-765 (Application for Employment Authorization) either concurrently with Form I-821 or separately at a later date.
For individuals already in the TPS program for Venezuelans (Venezuela 2021), the extension period is effective from March 11, 2024, through September 10, 2025. This allows an estimated 243,000 current beneficiaries to maintain their TPS status if they re-register and adhere to the eligibility requirements. The re-registration window lasts for 60 days, running from January 10, 2024, through March 10, 2024. It is crucial to follow these dates to ensure the validity of the EADs. Recognizing that not all re-registrants may receive their updated EADs before their current ones expire, DHS is automatically extending the validity of qualifying EADs issued under Venezuela 2021 through March 10, 2025.
U.S. Citizenship and Immigration Services (USCIS) is actively processing applications submitted under Venezuela 2021. Those with pending Form I-821 or Form I-765 applications under Venezuela 2021 as of October 3, 2023, are not required to submit new applications. If USCIS approves a pending Form I-821, TPS status will be granted through September 10, 2025. The same principle applies to pending Form I-765 applications, resulting in the issuance of new EADs reflecting the extended validity date.
If you have questions or need more information about Venezuela and the TPS program or any other immigration-related matters, please do not hesitate to contact us. We work with our clients every step of the way.