On September 20, 2023, the United States’ Secretary of Homeland Security announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS). Then, on October 3, 2023, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Homeland Security (DHS) published a Federal Register notice stating the criteria and procedure for applying and both the first-time registration period and the re-registration period for Venezuelan TPS applicants.

Unfortunately, on October 5, 2023, the Biden Administration also announced that the United States will resume deportation flights to Venezuela, effective immediately. Therefore, it is important that Venezuelans seek the advice of a licensed attorney regarding whether they might benefit from applying for TPS. NOTE: Protect yourself from “notario” fraud! In many other countries, a “notario” is an attorney, but that is NOT the case in the United States. For more information, please see our Resources page.

2021 Designation of Venezuela for TPS

Venezuela was previously designated for TPS on March 9, 2021. The recent announcement extends the previous designation of Venezuela for TPS for 18-months, beginning on March 11, 2024 and ending on September 10, 2025. Venezuelans who arrived in the United States before March 9, 2021 and currently have TPS benefits under the previous designation must re-register for TPS during the 60-day re-registration period from January 10, 2024 through March 10, 2024.

It is important for re-registrants to re-register during the registration period and not to wait until their Employment Authorization Document (EAD or “work permit”) expires. Delaying re-registration could result in gaps in your employment authorization (“work permit”) documentation.

Venezuelans who applied for TPS under Venezuela’s 2021 designation, and whose TPS application was still pending on October 3, 2023 DO NOT need to re-register for TPS. If those pending applications are approved, these applicants will be granted TPS through September 10, 2025.

To be eligible to re-register for TPS under the extension of the 2021 redesignation of Venezuela for TPS, you must:

• Be a national of Venezuela, or a person without nationality who last habitually resided in Venezuela;

• Have previously been granted TPS under the 2021 designation of Venezuela for TPS;

• Have been “continuously residing” in the United States since March 8, 2021;

• Have been “continuously physically present” in the United States since March 9, 2021 (Note: The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the continuous physical presence and continuous residence dates. USCIS will determine whether the exception applies in your case.); and

• File during the re-registration from January 10, 2024 through March 10, 2024. (Note: Late registration may be permitted under certain limited circumstances. However, there is no guarantee a late application will be accepted or granted. Plan ahead and make every effort to file within the applicable registration period!)

2023 Redesignation of Venezuela for TPS

Under the redesignation of Venezuela for TPS, Venezuelans who arrived in the United States on or before July 31, 2023 can apply for TPS for the first time during the initial registration period from October 3, 2023 through April 2, 2025. Applicants granted TPS under the redesignation will be granted TPS through April 2, 2025. Even if you would have been eligible to apply for

To be eligible to apply for TPS for Venezuela for the first time under the 2023 redesignation of Venezuela for TPS, you must:

• File during the initial registration period from October 3, 2023 through April 2, 2025 (Note: Late registration may be permitted under certain limited circumstances. However, there is no guarantee a late application will be accepted or granted. Plan ahead and make every effort to file within the applicable registration period!);

• Be a national of Venezuela, or a person without nationality who last habitually resided in Venezuela;

• Have been “continuously residing” in the United States since July 31, 2023; and

• Have been “continuously physically present” in the United States since October 3, 2023. (Note: The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the continuous physical presence and continuous residence dates. USCIS will determine whether the exception applies in your case.)

You may NOT be eligible for TPS if you:

• Have been convicted of any felony or two or more misdemeanors committed in the United States;

• Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds; or

• Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity.

Need help with TPS?

ACT Immigration Law will offer a limited number of appointments to Venezuelans who are not current clients of ACT Immigration Law and either newly qualify for Temporary Protected Status (TPS) under the 2023 redesignations of Venezuela OR need to re-register for TPS. Schedule an appointment here: https://calendly.com/actimmigrationlaw/tps.

***NOTE FOR CURRENT CLIENTS: Current clients of ACT Immigration Law who are nationals of Venezuela will receive an email including instructions for requesting assistance from ACT Immigration Law with TPS. Please contact your attorney for questions specific to your case.***