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The Department of Homeland Security (DHS) announced that the 2021 Venezuela Temporary Protected Status (TPS) designation, which was set to expire on September 10, 2025, will now terminate at 11:59 p.m. on November 7, 2025, 60 days after the official publication of the Federal Register notice (FRN). DHS will also extend, for 60 days after publication of the FRN, the EAD validities of these individuals, as long as they were endorsed with the A-12 or C-19 categories and list expiration dates of September 9, 2022, March 10, 2024, or September 10, 2025. As a result, these beneficiaries will remain work authorized through November 7, 2025.
For a current employee whose EAD has been automatically extended by the FRN, employers must provide updated information on Form I-9. They should enter “EAD EXT” and the EAD automatic extension date from the FRN in the Additional Information field in Section 2 — for example, “EAD EXT 11/07/2025.” If the employee’s original Form I-9 was completed on a Form I-9 version that is no longer valid, complete the latest version of Form I-9 as described above and retain it with the employee’s original Form I-9.
2021 Venezuela TPS beneficiaries who have no other lawful basis for remaining in the United States should prepare to leave the United States prior to the November 7, 2025 expiration of the designation.
If you have any questions or need additional information about this alert, please feel free to contact the HSF Kramer Immigration Group.
Partner, Head of Business Immigration, US, New York
Partner, Head of Business Immigration, US, New York
Partner, New York
Counsel, New York
Senior Associate, New York
Senior Associate, New York
Senior Associate, New York
Senior Associate, New York
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
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