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On September 8, 2025, the Department of Homeland Security (“DHS”) officially terminated the 2021 designation of Venezuela for Temporary Protected Status (“TPS”). The Notice in the Federal Register makes the termination effective on November 7, 2025, sixty days after publication of the Notice.
Venezuelans granted TPS under the 2021 designation will remain authorized to work in the United States through November 7, 2025. The Notice automatically extends their employment authorization document (“EAD”) through November 7, 2025. To qualify for the automatic extension, the employee must have:
- An EAD containing the notation A12 or C19 under Category, and
- An EAD with an expiration date of September 9, 2022, March 10, 2024, OR September 10, 2025.
To work after November 7, 2025, these individuals must present proof of continuing authorization to work in the United States.
On September 5, U.S. District Judge Edward Chen ruled that the DHS February 3, 2025 Notice that vacated a January 17, 2025 Notice that had extended TPS for Venezuela was unlawful. Judge Chen set aside the February 3 Notice and also set aside a February 5 DHS Notice that had terminated the 2023 Designation of Venezuela for TPS. It is unclear how Judge Chen’s ruling impacts the work authorization of Venezuelan nationals granted TPS under the 2021 Designation. At a minimum, Venezuelan nationals with an EAD issued under Category A12 or C19 and an expiration date of September 9, 2022, March 10, 2024, OR September 10, 2025, are authorized to work through November 7, 2025.