In a significant development, Secretary of Homeland Security Alejandro Mayorkas just announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months. This decision stems from the extraordinary and temporary conditions in Venezuela that continue to prevent individuals from safely returning to their homeland.
After a thorough review of the country conditions in Venezuela and consultations with interagency partners, DHS concluded that an 18-month TPS extension and redesignation were warranted. This decision arises from Venezuela's escalating instability and persistent lack of safety due to ongoing humanitarian, security, political, and environmental challenges. This redesignation provides temporary protection from removal and employment authorization for individuals who were in the United States before July 31, 2023.
Applicants for TPS under this redesignation must demonstrate that they are Venezuelan nationals (or individuals without nationality who last habitually resided in Venezuela) and have been continuously residing in the United States since July 31, 2023, while also meeting other eligibility criteria.
U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under the previous TPS designation for Venezuela. Individuals with a pending Form I-821 or a related Form I-765 do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Venezuela, USCIS will grant the individual TPS and issue an Employment Authorization Document (EAD) valid through the same date.
Under the redesignation of Venezuela, eligible individuals who do not have TPS may submit Form I-821, Application for Temporary Protected Status, during the initial registration period, which will be specified in a forthcoming Federal Register notice. Applicants can also apply for TPS-related EADs and travel authorization.
This extension and redesignation come as a relief to many. Currently, there are approximately 242,700 TPS beneficiaries under Venezuela’s existing TPS designation. Moreover, an additional approximately 472,000 nationals of Venezuela may be eligible under the redesignation of Venezuela.
The forthcoming Federal Register notice will provide detailed information regarding eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.
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About the author
James PittmanAttorney & Co-FounderDocketwise
James Pittman is co-founder of Docketwise and was previously engaged in the private practice of US Immigration Law. He also regularly teaches Continuing Legal Education (CLE) classes on immigration law topics and legal ethics. He is admitted to practice in New York and New Jersey and is a graduate of Northeastern University School of Law.
