End of Temporary Protected Status for 2021 Venezuela Designation

Herbert Smith Freehills Kramer

The Department of Homeland Security (DHS) announced that the 2021 Venezuela Temporary Protected Status (TPS) designation, which was set to expire on September 10, 2025, will now terminate at 11:59 p.m. on November 7, 2025, 60 days after the official publication of the Federal Register notice (FRN). DHS will also extend, for 60 days after publication of the FRN, the EAD validities of these individuals, as long as they were endorsed with the A-12 or C-19 categories and list expiration dates of September 9, 2022, March 10, 2024, or September 10, 2025. As a result, these beneficiaries will remain work authorized through November 7, 2025.

For a current employee whose EAD has been automatically extended by the FRN, employers must provide updated information on Form I-9. They should enter “EAD EXT” and the EAD automatic extension date from the FRN in the Additional Information field in Section 2 — for example, “EAD EXT 11/07/2025.” If the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, complete the latest version of Form I-9 as described above and retain it with the employee’s original Form I-9.

2021 Venezuela TPS beneficiaries who have no other lawful basis for remaining in the United States should prepare to leave the United States prior to the November 7, 2025 expiration of the designation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Herbert Smith Freehills Kramer

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