02/07/2025
DHS announced on January 28, 2025, that it had decided to vacate the January 10, 2025, decision
of the former Secretary of Homeland Security to extend the Temporary Protected Status (TPS)
designation for Venezuela until October 2, 2026.
As a result of the vacatur, the Venezuela 2023 TPS designation and the Venezuela 2021 TPS
designation remain in effect until their previously granted expiration dates. Specifically, 2021 TPS
designation holders will remain in status until September 10, 2025, with an announcement
regarding extension or termination to be made by July 12, 2025. Similarly, the vacatur notice
indicated that 2023 TPS designation holders would remain in status until the expiration date of
April 2, 2025, with an announcement regarding extension or termination to be made by February
1, 2025.
Pursuant to the vacatur, USCIS will no longer accept Venezuela TPS re-registration applications
based on the January 17, 2025, notice. For those who have already filed pursuant to this extension,
USCIS will cease processing those applications and will issue refunds of any fees paid. For those
who have already received an extension with an October 2, 2026, date, USCIS will invalidate the
EADs, Form I-797s and Form I-94s and provide a refund. Finally, automatic extensions based on
the January 17 notice are rescinded.
Termination of 2023 Venezuela TPS Designation will occur on April 4, 2025. A formal notice terminating the 2023 Venezuelan TPS, entitled "Termination of the October 3, 2023 Designation of Venezuela for Temporary Protected Status” will be published in the Federal Register on February 5, 2025 and will become effective sixty days later on April 4, 2025.