On March 31, 2025, a pivotal ruling by Judge Edward Chen in the Northern District of California postponed the Department of Homeland Security (DHS) Secretary’s earlier decision to vacate the 2023 redesignation of Temporary Protected Status (TPS) for Venezuela. This decision significantly impacts both employers and the approximately 350,000 Venezuelan nationals currently residing in the United States under the 2023 TPS designation.
Background on TPS Venezuela Designation Changes
Earlier this year, on February 5, 2025, DHS issued a notice vacating the redesignation of TPS for Venezuela, which had provided automatic extensions of Employment Authorization Documents (EADs) under category codes A12 and C19. The vacatur intended to invalidate EADs with an expiration date of October 2, 2026, and restrict Venezuelan nationals from applying for new EAD cards.
This would have had immediate compliance implications for employers, particularly around the use of Form I-9. USCIS instructed that any TPS beneficiaries with EADs expiring on April 2, 2025, must be reverified before starting work on April 3, 2025.
New Guidance from USCIS Following the Court Ruling
Following Judge Chen’s March 31 order, USCIS responded with updated guidance confirming that specific EADs—those showing category A12 or C19 and expiration dates of September 10, 2025; April 2, 2025; March 10, 2024; or September 9, 2022—are now automatically extended through April 2, 2026, pending the outcome of ongoing litigation.
Additionally, Venezuelan TPS holders are eligible to apply for a new EAD card, which may have a validity through October 2, 2026. Employers may rely on a combination of an EAD and the Form I-797 Receipt Notice for Form I-765 as acceptable proof of continued work authorization, as per USCIS guidance. This supports extensions up to 540 days or through October 2, 2026, whichever is earlier.
Implications for Employers
Employers should:
- Review and update their I-9 compliance practices.
- Ensure any Venezuelan nationals employed under TPS with affected EAD categories are properly documented with the extended validity period.
- Monitor additional USCIS announcements or court rulings that may affect TPS status or work authorization for Venezuelans.
What Stays in Effect
As of now, the provisions set forth in the January 17, 2025 Federal Register notice, titled “Extension of the 2023 Designation of Venezuela for Temporary Protected Status,” remain active and enforceable. The 2021 TPS designation for Venezuela remains unaffected by these changes.
Ahluwalia Law Offices will continue monitoring this evolving legal landscape to support employers and TPS beneficiaries. We advise all stakeholders to remain vigilant in compliance matters and consult with immigration counsel regarding ongoing updates from the Department of Homeland Security and U.S. Citizenship and Immigration Services.
For tailored legal advice and compliance support, contact us directly.
