On January 28, 2025, DHS Secretary Kristi Noem vacated the prior administration's extension and redesignation of Temporary Protected Status (TPS) for Venezuela. This has wide-reaching impacts for employers.

As was previously reported, outgoing DHS Secretary Alejandro Mayorkas extended and redesignated multiple countries for TPS, including Venezuela. This meant that (1) certain Employment Authorization Documents (EAD) were automatically extended through April 2, 2026; (2) certain individuals who had filed to renew their EADs would receive an EAD valid through October 2, 2026 and, in the interim, could extend their existing EAD through the same date.

Under the vacatur, the following EADS showing Category Code A12 or C19 for Venezuela with the following expiration dates are still "valid:" September 10, 2025, April 2, 2025, March 10, 2024 (extended through 4/2/2025) and September 9, 2022 (extended through 4/2/2025).

Until further notice, these individuals are not eligible for any type of EAD extension. DHS is in the process of invalidating EADS showing Category Code A12 or C19 for Venezuela with an October 2, 2026 expiration date.

This decision - and the forthcoming decision not to extend and redesignate Venezuela for TPS - will be subject to litigation.

Source: Federal Register

Posted: January 31, 2025

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