Compliance with Court Order Regarding 2023 Designation of TPS Venezuela
The Administration is committed to restoring the rule of law with respect to Temporary Protected Status (TPS). Nonetheless, on March 31, 2025, Judge Edward Chen, a federal judge in San Francisco, ordered the department to continue TPS for Venezuelans. See National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. Mar. 31, 2025). The court did so even though the TPS statute says that TPS decisions are not subject to judicial review. For more information, please see the Federal Register notice. DHS has every intention of ending Venezuela TPS as soon as it obtains relief from the court order.
Employers should refer to the TPS webpage regularly for updates.
Completing Form I-9
To complete or update Form I-9, Employment Eligibility Verification, for TPS Venezuela beneficiaries who present an EAD with a Category Code of A12 or C19 and a Card Expires date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, enter April 2, 2026, pending relief from the court, on Form I-9 as the new expiration date of the automatically extended EAD. You must reverify these employees before they start work on April 3, 2026.
Find more details at TPS designation for Venezuela page and instructions for completing Form I-9 on the I-9 Central TPS page.