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On March 31, 2025, United States District Judge Edward Chen issued an order postponing the actions taken by the Department of Homeland Security (DHS) with respect to the October 2023 designation of Temporary Protected Status (TPS) for Venezuela. As a result, at least for the time being, the TPS designation for Venezuela is extended to October 2, 2026 and the work authorization of Venezuelan nationals in TPS who have an Employment Authorization Document (EAD) reflecting Category A12 or C12 is automatically extended to April 2, 2026.
This is a bit convoluted so bear with me:
- On March 9, 2021, the DHS designated Venezuela for TPS.
- On October 3, 2023, the DHS issued a second TPS designation for Venezuela.
- On January 17, 2025,the DHS extended the October 2023 TPS designation for Venezuela for eighteen months – to October 2, 2026. The Notice automatically extended TPS-related EADs with an expiration date of September 10, 2025, April 2, 2025, March 10, 2024, or September 9, 2022 to April 2, 2026.
- On January 28, 2025, DHS vacated the January 17 Notice which extended TPS for eighteen months and automatically extended EADs to April 2, 2026.
- On February 3, 2025, DHS terminated the October 2023 designation of TPS for Venezuela. Based on the February 3 Notice, the TPS of Venezuelans under the October 2023 designation would terminate on April 7 and their work authorization would expire on April 2, 2025.
The judge’s order postpones the January 28 and February 3 Notices. If the January 28 and February 3 Notices are postponed, it means that the January 17, 2025 Notice is “reinstated.” The January 17 Notice extended TPS for Venezuela to October 2, 2026 and automatically extended work authorization for those with an A12 or C19 EAD to April 2, 2026.
The bottom line: At least for now, if you have an employee from Venezuela who has an EAD issued under Category A12 or C19 and the EAD expires or expired on any of the following dates, the EAD is automatically extended to April 2, 2026.
• September 10, 2025
• April 2, 2025
• March 10, 2024, or
• September 9, 2022
The DHS will certainly appeal the decision. To add to the confusion, other cases challenging the termination of the October 2023 TPS designation of Venezuela remain pending. Stay tuned.
Registration is now open for our 2025 Miami Labor & Employment Law Seminar!
Wednesday, April 30, 2025 | 8:00 a.m. – 4:00 p.m.
loanDepot park, 501 Marlins Way, Miami, FL 33125
