Here’s what you need to know:
The Department of Homeland Security (DHS) announced the cancellation of the 2021 Venezuelan TPS for Venezuelan nationals. The Secretary of Homeland Security, Kristi Noem, determined that conditions in Venezuela no longer meet the legal requirements for TPS. The program is expected to end on November 7, 2025, at 11:59 PM. Learn more about this change, its potential impact, and how The Scott Law Firm’s experienced immigration attorneys may be able to help you.
What if you are waiting on your EAD extension while on Venezuelan TPS?
According to the USCIS website, an automatic Employment Authorization Document (EAD) extension is available. However, this automatic extension doesn’t apply to individuals applying for an EAD based on TPS. The USCIS website states:
If you have a TPS-based EAD and maintain TPS, and your renewal Form I-765 application is pending or filed on or after July 22, 2025, you may no longer receive an automatic extension of your EAD through the automatic EAD extension described on this page, but instead may receive an automatic extension of your EAD of 1 year or the duration of TPS (whichever is shorter), as required by H.R. 1 —One Big Beautiful Bill Act (H.R. 1) USCIS implemented on July 22, 2025.
Meaning, a person may extend their EAD for up to one year, or until the Venezuelan TPS program ends—whichever is shorter.
This change affects individuals with pending or filed Form I-765 applications on or after July 22, 2025. However, if your TPS-based EAD expires before July 22, 2025, you are still eligible for an automatic extension of your EAD through the current process.
In simpler terms, if you have a TPS-based EAD and are renewing it while maintaining TPS status, you may no longer receive an automatic extension of your EAD for as long as your TPS is valid. Instead, you will only receive an automatic extension for up to one year or until the end of the Venezuelan TPS program. This change was implemented by USCIS in accordance with H.R.1 — One Big Beautiful Bill and signed into law on June 17, 2025.
So, what is happening now?
Although there’s ongoing litigation challenging the termination of the Venezuelan TPS program, some may remain with their status protected. As of now, the only Venezuelan TPS holders whose status will remain protected beyond September 10, 2025, are those who already have a valid EAD through October 2, 2026.
Since last Thursday, there have been new developments regarding TPS for Venezuelans. On Friday, September 4, a California district judge ruled that DHS exceeded its authority by terminating a previously issued TPS extension from January 2025.
On September 6, DHS filed in the Federal Register the termination of the 2021 Venezuelan TPS program. This termination places recipients in a valid status until November 7, 2025.
This creates a direct conflict between the two decisions. The court ruling would automatically extend TPS until October 2026, while the Federal Register filing extends TPS only until November 7, 2025.
If you have Venezuelan TPS, you deserve expert help! Our expert Louisiana immigration lawyers at The Scott Law Firm can guide and support you through your process. Contact us today!
Schedule your appointment online or call us:
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