The designated 2021 and 2023 Temporary Protected Status (“TPS”) Programs for Venezuela, and Employee’s work authorization thereunder—represented by an Employment Authorization Document (“EAD”) Card with an “A12 / C19” notation)—continues to be a fluid situation. The U.S. Department of Homeland (“DHS”) Secretary’s Decision to Terminate the 2021 and 2023 TPS Programs for Venezuela—and in particular, her Decision to Vacate the prior DHS’s Secretary’s Decision to Extend per 90 FR 5961 (1/17/2025)—has been met with ongoing litigation challenging the same in National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766, in the U.S. District Court for the Northern District of California.
As of September 15, 2025, the current status of the TPS Programs for Venezuela, and individuals’ related work authorization thereunder for Form I-9, Employment Eligibility Verification, is as follows:
On Friday, September 12, 2025, the U.S. Citizenship and Immigration Services (“USCIS”), updated its website (Temporary Protected Status Designated Country: Venezuela) for TPS for Venezuela, providing new guidance to U.S. Employers, following a Court Order issued September 11, 2025 in the ongoing National TPS Alliance case The following guidance is provided:
ALERT: After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that Venezuela no longer meets the conditions for its designation for Temporary Protected Status (TPS), and that the termination of the 2023 Venezuela TPS designation is required as it is contrary to the national interest. However, on Sept. 5, 2025, a single judge in the U.S. District Court for the Northern District of California issued a final order setting aside Secretary Noem’s decision and allowed the 2023 TPS designation of Venezuela to continue. The judge did so even though the Department of Homeland Security previously prevailed in the same case in the U.S. Supreme Court, in a 8-1 decision. The Department of Homeland Security vehemently disagrees with the Northern District of California’s ruling and is pursuing immediate relief.
Separately, Secretary Noem published her determination to terminate the Venezuela 2021 designation, which is effective on Nov. 7, 2025, at 11:59 p.m. See Termination of the 2021 Designation of Venezuela for Temporary Protected Status, 90 Fed. Reg. 43225 (Sept. 8, 2025).
Additional information is below. Be aware that litigation-related updates are possible, and check this page for the latest information.
USCIS provides further guidance regarding the automatic extension of EAD Cards issued under the 2021 and the 2023 TPS designations of Venezuela, stating in pertinent part:
We have automatically extended through Nov. 7, 2025, the validity of EADs issued under the 2021 TPS designation of Venezuela with an original expiration date of Sept. 10, 2025; March 10, 2024; or Sept. 9, 2022. If your EAD is covered by this automatic extension, you may continue to use your existing EAD through Nov. 7, 2025, as evidence that you are authorized to work.
To prove that you are authorized to work in the United States, you may show the following documentation to your employer. Government agencies may also accept these documents to determine your immigration status:
Your TPS-related EAD with a Sept. 10, 2025; March 10, 2024; or Sept. 9, 2022, expiration date; and
A copy of the Federal Register notice[1] announcing the automatic extension.
Your TPS-related EAD with a Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, expiration date; and
A copy of the Federal Register notice[2] announcing the automatic extension.
If you re-registered under the previously vacated Jan. 17, 2025 Extension of the 2023 Designation of Venezuela[3], that notice automatically extended through April 2, 2026, the validity of EADs issued under the TPS designation of Venezuela with an original expiration date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022. If your EAD is covered by this automatic extension, you may continue to use your existing EAD through April 2, 2026, as evidence that you are authorized to work, until further notice.
To prove that you are authorized to work in the United States, you may show the following documentation to your employer. Government agencies may also accept these documents to determine your immigration status:
Your employer may rely on the Federal Register notice as evidence of the continuing validity of your EAD.
Furthermore, in accordance with the September 11, 2025, Court Order issued by the district court for the Northern District of California, USCIS reopened the re-registration window for applicants under the Venezuela TPS Program(s) for 24 hours, which expired at midnight on September 13.
As DHS has sought an emergency stay of the ruling district court’s ruling, for which oral arguments were held on September 12, 2025, and for which the Ninth Circuit indicated that the Court will issue its ruling by September 22, 2025, U.S. Employers should be aware that the status of the TPS Programs for Venezuela (and work authorization thereunder) may be subject to further change.
At this time, U.S. Employers should continue to monitor the U.S. Citizenship and Immigration Services and E-Verify for further announcements, and work with counsel to plan and prepare for the reverification of impacted Employees’ work authorization, through the proper completion of the Form I-9, Reverification process.
[1] See 90 FR 43225 (September 8, 2025) (Termination of the 2021 Designation of Venezuela for Temporary Protected Status.
[2] See 90 FR 43225 (September 8, 2025).
[3] See 90 FR 5961 (January 17, 2025) (Extension of the 2023 Designation of Venezuela for Temporary Protected Status). Note that it seems an Employee would need to present documentation of re-registration, such as a Form I-797 Notice of Receipt, reflecting the filing of Form I-821, an Application for Temporary Protected Status, within the Re-Registration Period (pursuant to 90 FR 5962, 1/17/2025 – 9/10/25*), to evidence qualification for this automatic extension of work authorization to April 2, 2026, for purposes of the Form I-9, Employment Eligibility Verification. Further clarification has been requested by USCIS.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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