The Department of Homeland Security (DHS) announced the extension and redesignation of Temporary Protected Status (TPS) for Afghanistan and Venezuela.

TPS for Afghanistan will be extended and redesignated for 18 months, from November 21, 2023m to May 20, 2025. Those who already have TPS (approximately 3,100 individuals) should re-register and apply for a renewal of their employment authorization document (EAD) during the 60-day period running from September 25, 2023, until November 24, 2023. Those who do will be entitled to an automatic extension of their EADs until November 20, 2024. Afghan individuals who do not currently have TPS may apply if they have been continuously residing in the United States since September 20, 2023. Approximately 14,600 individuals may be newly eligible for TPS under the redesignation. More details are available in the Federal Register.

The specifics of the 18-month extension and redesignation of TPS for Venezuela have not yet been published in the Federal Register. But we do know that the redesignation will apply only to individuals who arrived in the United States before July 31, 2023.

DHS hopes that this redesignation will help localities such as New York City that are struggling with sheltering migrants who cannot provide for themselves because they do not have work permits. This will mean that DHS may have to prioritize Venezuelan TPS/EAD applications because, currently, those applications can take up to one year to process.

Along with the above protections, DHS will also extend protection to Afghan and Venezuelan students living in the United States throughout the extension period. Eligible students who are dealing with undue financial hardship on account of the conditions in their respective countries will be able to request work authorization, reduce their course loads, and work more hours while still maintaining their F-1 student status.

Jackson Lewis attorneys are available to assist with options for those in TPS or applying for TPS. For information about TPS work authorization, please review our TPS tool.

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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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