DHS Extends and Redesignates Venezuela for Temporary Protected Status (TPS) — Visa Lawyer Blog — October 12, 2023
We are pleased to report that the Department of Homeland Security recently issued a notice in the Federal Register extending Venezuela’s designation for Temporary Protected Status (TPS) for an 18-month period.
Those who qualify will be eligible to apply for an Employment Authorization Document (EAD) that is valid for the duration of the TPS designation.
Who qualifies?
You may be eligible to apply for TPS under Venezuela’s 2023 designation if you continuously resided in the United States on or before July 31, 2023, and have been continuously physically present in the United State on or before October 3, 2023.
However, if you arrived in the United States after July 31, 2023, you are ineligible for TPS.
It is estimated that Venezuela’s redesignation will allow approximately estimated 472,000 additional Venezuelan nationals to file an initial TPS application. Approximately 243,000 current beneficiaries will be allowed to retain their TPS benefits upon their re-registration.
First Time Applicants
Under the redesignation of TPS for Venezuela, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from October 3, 2023 through April 2, 2025.
Applicants can apply for a TPS-related EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later. The I-765 form can be filed online.
Re-registration for current TPS recipients
The extension of TPS for Venezuelans who are already registered (2021) runs from March 11, 2024, through September 10, 2025. Qualifying beneficiaries who re-register and continue to meet the TPS eligibility requirements will be able to retain their TPS benefits through September 10, 2025.
Such beneficiaries must re-register in a timely manner during the 60-day re-registration period from January 10, 2024, through March 10, 2024, to ensure they keep their TPS and work authorization.
DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending work permits through March 10, 2025.
Pending Applications
USCIS will continue processing pending applications filed under the initial Venezuela TPS designation in 2021. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 as of October 3, 2023, do not need to file either application again.
If USCIS approves an individual’s pending Form I-821 re-registration application, USCIS will grant them TPS through September 10, 2025.
Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.
Removal of those Without Lawful Basis
Separately, the U.S. government reminds the public that it has resumed the removal of Venezuelans from the United States, who cross the border unlawfully and do not have a lawful basis to remain in the country.
Important Dates
|
2021 Designation of Venezuela for TPS (Venezuela 2021) Extension of Venezuela’s 2021 TPS designation for individuals who currently have TPS or have a pending TPS initial application that has not yet been adjudicated by USCIS |
2023 Redesignation of Venezuela for TPS (Venezuela 2023) Separate redesignation of Venezuela for TPS for individuals who have not yet filed for TPS and would like to file an initial application |
||
|---|---|---|---|
| TPS Designated Through: | Sept. 10, 2025 | TPS Designated Through: | April 2, 2025 |
| Re-registration Period: | Jan. 10, 2024 – Mar. 10, 2024 | Registration Period: | Oct. 3, 2023 – April 2, 2025 |
| Employment Authorization Document (EAD) Auto-Extended Through: | Mar. 10, 2025 | Employment Authorization Document (EAD) Auto-Extended Through: | N/A |
| Continuous Residence in U.S. Since: | Mar. 8, 2021 | Continuous Residence in U.S. Since: | Jul. 31, 2023 |
| Continuous Physical Presence in U.S. Since: | Mar. 9, 2021 | Continuous Physical Presence in U.S. Since: | Oct. 3, 2023 |
| Designation Date: | Mar. 9, 2021 | Designation Date: | Oct. 3, 2023 |
| Federal Register Notice Citation: | 87 FR 55024 | Federal Register Notice Citation: | 88 FR 68130 |
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