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Venezuela TPS Status: Handling Expiring Employment Authorization Cards

It has not been easy for employers to make sense of the fast-moving immigration regulation changes and court cases. One topic creating lots of HR questions is Venezuelans who were granted Temporary Protected Status (TPS) under the Biden Administration. The Secretary of Homeland Security is authorized to designate a foreign country for TPS due to temporary conditions such as ongoing armed conflict, or other extraordinary and temporary conditions that prevent nationals from safely returning to their country. Upon taking office, the Trump Administration’s Secretary of Homeland Security canceled the TPS extension and reinstated the end of TPS for Venezuelans. Biden’s DHS Secretary issued extensions to TPS on January 17, 2025. After a court challenge, a federal judge issued a nationwide order postponing the cancellation of the latest 18-month extension of the TPS status.

There are 2 groups of Venezuelan TPS beneficiaries. Venezuela was initially designated for TPS in 2021, and it was extended and stayed in place. In 2023, there was a re-designation of Venezuela for TPS. Both designations (2021 and 2023) were extended for 18 months by notices published in the Federal Register.

Companies that employ Venezuelan employees working with temporary work authorization cards (EADs) need to know what is the current status of their work authorization. Here are some tips for employers:

Originally, TPS was to expire for Venezuelan beneficiaries under the 2021 designation on September 10, 2025, and for new Venezuelan applicants under the 2023 designation on April 2, 2025.
The court order reinstated the 2023 TPS designation and the 18-month extensions for both 2021 and 2023. TPS status now remains through October 2, 2026. (even though the EAD cards expired).
Employment Authorization Cards (EADs) issued under the 2021 and 2023 TPS designations of Venezuelans have various expiration dates and will remain valid through April 2, 2026. (automatic extension – no new card).
To complete or update Form I-9, for TPS Venezuela beneficiaries who present an EAD with a Category Code of A12 or C19 and a Card Expires date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, enter April 2, 2026, pending relief from the court, on Form I-9 as the new expiration date of the automatically extended EAD. You must re-verify these employees before they start work on April 3, 2026.
There is also a 540 day automatic extension for a Venezuelan TPS holder if they present an EAD card with category A12 or C19; and a Form I-797 Receipt Notice showing a pending I-765 application for a category code A12 or C19 renewal with a “received date” between January 17 and September 10, 2025.

DHS intends to end Venezuela TPS as soon as it obtains relief from the court order. Updates regarding TPS status for Venezuela beneciaries will be posted on the USCIS site.

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