Client Alerts

USCIS Extends Temporary Protected Status for Venezuela; Extends Current EADs through September 9, 2023 & Allows Beneficiaries to Retain TPS and EADs Until March 2024

By: David W. Leopold

About: Immigration

September 7, 2022 – Today, the Department of Homeland Security (DHS) posted for public inspection a Federal Register notice describing how beneficiaries under Venezuela’s existing TPS designation can re-register to retain TPS and renew their Employment Authorization Documents (EADs). This extension allows beneficiaries to retain TPS and EADs until March 2024. Secretary of Homeland Security Alejandro N. Mayorkas had previously announced the 18-month extension of the designation of Venezuela for TPS.

In its release, DHS outlined:

“Only beneficiaries of the initial designation of Venezuela for TPS who were already residing in the United States in March 2021 are eligible to re-register for TPS and apply to renew their EADs, if they otherwise continue to meet eligibility requirements. Individuals re-registering must do so during the 60-day re-registration period from Sept. 8, 2022 to Nov. 7, 2022. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS.

Given the time frames involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants may receive new EADs before their current EADs expire on Sept. 9, 2022. The Federal Register notice automatically extends the validity of EADs previously issued under the TPS designation of Venezuela through Sept. 9, 2023.

Approximately 323,000 individuals were estimated to be eligible for TPS under the initial designation of Venezuela. There are currently approximately 111,700 beneficiaries under Venezuela’s TPS designation.

USCIS will continue to process pending applications filed under Venezuela’s initial TPS designation. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again. If USCIS approves a Form I-821 or Form I-765 filed under the initial designation of TPS for Venezuela, USCIS will grant the individual TPS through March 10, 2024, and issue a new EAD valid through March 10, 2024.

Venezuelans (and individuals without nationality who last habitually resided in Venezuela) who are currently eligible for TPS under the existing designation but have not yet applied should file their applications before the Sept. 9, 2022, initial application deadline. Those who do not currently reside in the United States or who arrived in the United States after March 8, 2021, are not eligible for TPS.”

Ulmer’s Immigration Law Group is closely monitoring these developments and is prepared to support you and your organization with your business needs. Please reach out to our immigration attorneys if you have any questions.

The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. Please continue to follow these updates at This legal update was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney client relationship. For any questions, or for further information, please contact David W. Leopold at