- There are currently approximately 242,700 TPS beneficiaries under Venezuela’s existing TPS designation.
- There are an additional approximately 472,000 nationals of Venezuela who may be eligible under the redesignation of Venezuela.
This redesignation provides temporary protection from removal, as well as employment authorization for individuals in the United States before July 31, 2023.
Those who have arrived in the United States after July 31, 2023 are not eligible for such protection, and instead will be removed when they are found to not have a legal basis to stay.
What to Expect
- Applicants for TPS under this redesignation must demonstrate that they are Venezuelan nationals (or individuals without nationality who last habitually resided in Venezuelan) who have been continuously residing in the United States since July 31, 2023 and meet other eligibility criteria.
- USCIS will continue to process pending applications filed under the previous TPS designation for Venezuela.
- Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, as of the date of the forthcoming Federal Register notice, 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 EAD valid through the same date.
- Under the redesignation of Venezuela, eligible individuals who do not have TPS may submit a Form I-821, Application for Temporary Protected Status, during the initial registration period which will be specified in a forthcoming Federal Register notice. Applicants also may apply for TPS-related EADs and for travel authorization. Applicants can request an EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later.
Erickson Insights
The forthcoming Federal Register notice will explain 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. Along with the TPS announcement, DHS released a fact-sheet explaining the Biden administration’s effort to increase border enforcement and expedite work authorization processing.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.