Temporary protected status (TPS) for Venezuelans already in the United States has been extended until March 10, 2024.

Venezuelan TPS was first announced by Secretary of the Department of Homeland Security Alejandro Mayorkas in March 2021 due to the country’s severe political and economic crisis. That status was set to expire on September 9, 2022, but the grant has been extended for another 18 months. This extension, however, applies only to individuals who have continuously resided in the United States since March 8, 2021. In other words, the grant of an extension only and not a redesignation means that Venezuelans who came to the United States after March 8, 2021, still do not qualify for TPS.

DHS will publish instructions in the Federal Register for those who are eligible about how to re-register and apply for an Employment Authorization Document. Applications should not be submitted before those instructions are published.

It is reported that some 250,000 Venezuelans have entered the United States since the original March 8, 2021, designation date. Advocacy groups are happy about the renewal but dismayed that the Biden administration has not opened up TPS to these Venezuelans who are fleeing the Maduro regime. Some members of Congress have also expressed their concern about the lack of a redesignation.

Jackson Lewis attorneys will provide updates as they become available.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.

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