The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Venezuelan nationals from September 10, 2022, through March 10, 2024, due to the country’s continuing severe political and economic crises.

On September 7, 2022, DHS published instructions in the Federal Register regarding TPS eligibility and how to apply for an extension.

The extension is only available to those already in TPS status. Eligible individuals must apply during the 60-day re-registration period that runs from September 8, 2022, through November 7, 2022. Failure to re-register during that period may result in a loss of TPS. Those with pending registrations or pending employment authorization applications need not re-apply. Upon approval of these pending submissions, applicants will receive a validity period that will extend through March 10, 2024. Those requesting extensions may also apply for travel authorization.

DHS recognizes that it may not be able to adjudicate TPS holder applications to extend an employment authorization document (EAD) prior to expiration. Accordingly, those who timely apply during the re-registration period and have EADs that expire on September 9, 2022, will receive an automatic extension of their employment authorization until September 9, 2023.

Venezuelan students in F-1 status who are suffering severe economic hardship resulting from the crisis in Venezuela are eligible for work authorization and may request to have increased work hours and a reduced course load.

While the renewal applies only to those who already have Venezuelan TPS, DHS may grant late initial registrations if the individual meets specific eligibility requirements, has resided in the United States since March 8, 2021, and has maintained continuous presence since March 9, 2021.

Venezuelans were previously entitled to Deferred Enforced Departure (DED) from January 20, 2021, to July 20, 2022. However, many individuals instead applied for TPS over concern that DHS may not have extended DED. Confirming these concerns, DHS decided to not extend DED. Since then, TPS remains the sole humanitarian option for Venezuelan nationals.

If you have questions about TPS for Venezuelan nationals and how to prepare Forms I-9 Employment Eligibility Verification, please contact your Jackson Lewis attorney.