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Fact Sheet: Temporary Protected Status for Venezuela
Posted on Oct 08 2023
This fact sheet is current as of February 5, 2025.
On January 17, 2025, Secretary of Homeland Security Alejandro Mayorkas issued a notice extending the 2023 designation of Venezuela for TPS for 18 months. On January 28, 2025, Secretary of Homeland Security Kristi Noem vacated the extension.
What is Temporary Protected Status (TPS)?
TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.
During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.
What is the status of TPS for Venezuela?
Venezuela was designated for TPS twice, once in 2021 and again in 2023. On Friday, January 17, 2025, Secretary of Homeland Security, Alejandro N. Mayorkas, announced the extension of designation of Temporary Protected Status (TPS) for Venezuela for 18 months beginning on beginning on April 3, 2025, and ending on October 2, 2026. However, on Sunday, February 2, the extension was vacated by DHS. On Wednesday, February 5, Secretary of Homeland Security Kristi Noem terminated the 2023 designation for Venezuela.
2023 TPS for Venezuela: For those who received TPS for Venezuela under the 2023 designation, TPS is terminated. This termination is effective April 7, 2025. After April 7, 2025, nationals of Venezuela (and people having no nationality who last habitually resided in Venezuela) who have been granted TPS under the 2023 Venezuela designation will no longer have TPS.
2021 TPS for Venezuela: For those who received TPS for Venezuela under the 2021 designation, TPS remains in effect until September 10, 2025. The termination of the 2023 TPS designation does not apply to the 2021 designation of Venezuela for TPS.
How do I apply for TPS?
People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.
The application period for TPS for Venezuela is closed. No more applications are being accepted.
How long will eligible individuals have protection under TPS?
TPS is a temporary status. For those who received TPS for Venezuela under the 2023 designation, status remains until April 7, 2025. For those who received TPS for Venezuela under the 2021 designation, status remains until September 10, 2025.
Is TPS status given automatically?
No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. The application process can be complicated, and we recommend contacting a licensed immigration attorney. You must fill out an I-821 Form to apply. Please note, at this time DHS is not accepting applications for TPS for Venezuela.
I have Venezuelan TPS, can I apply to extend it?
No, the TPS for Venezuela extension was vacated by DHS.
I do not have TPS, can I apply for the first time?
No, applications are not being accepted at this time.
I am from Venezuela, and I came to the United States as a refugee. Do I need to apply for TPS?
No. People who are in the United States with refugee status can live and work here and apply for permanent resident status after one year. They do not require TPS.
I am from Venezuela, and I now have a green card. Do I need to apply for TPS?
No. As a permanent resident, you have legal status in the United States and are on a path to citizenship. You do not need and would not qualify for TPS.
Does TPS Status provide a path to permanent residency?
No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.
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The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.