Overview: What HR Needs to Know

Employers managing corporate immigration support for employees with Temporary Protected Status (TPS) from Venezuela must stay informed on key work authorization dates. With ongoing litigation and shifting policies, it’s essential to maintain Form I-9 compliance and proactively plan alternative immigration strategies.

This guide outlines the current TPS timelines, litigation updates, and employer responsibilities, with a focus on ensuring workforce stability and immigration compliance.

Current Work Authorization Periods for Venezuelan TPS Holders

TPS Designation Timelines

As of June 18, 2025, Venezuelan nationals under TPS currently fall into two groups based on their designation year:

– TPS Designated in 2021: Valid through September 10, 2025
– TPS Designated in 2023: Valid through October 2, 2026 (with specific documents and pending ongoing litigation)

Employees in the 2023 designation group must have documentation issued under the January 17, 2025 TPS designation, no later than February 5, 2025, specifically:

– A valid Employment Authorization Document (EAD) with A12 or C19 designation, expiring October 2, 2026
– Form I-94 showing TPS status, expiring October 2, 2026
– Form I-797A Approval Notice with the same expiration
– Form I-797C Notice of Action granting a 540-day auto-extension of work authorization

TPS Litigation and Its Impact on Employers

The Department of Homeland Security (DHS) designated Venezuela for TPS in 2021 and extended it in 2023. The current administration has signaled a rollback:

– The 2023 designation is being terminated.
– The 2021 designation is not being extended.

These moves are being challenged in court. Notably:

– On May 30, 2025, a court upheld TPS for certain 2023 beneficiaries with valid documents.
– The next court hearing is scheduled for July 11, 2025, and may redefine what qualifies as valid TPS documentation.

For employers, this uncertainty underscores the need for vigilant Form I-9 monitoring and close tracking of updates from DHS and the courts.

Action Items for HR and People Operations Leaders

Form I-9 Compliance and Reverification

To stay compliant with Form I-9 requirements:

– Reverify Venezuelan TPS employees based on the applicable expiration date: September 10, 2025 or October 2, 2026.
– Update Supplement B of Form I-9 with the revised expiration date.
– Maintain documentation of each employee’s specific TPS designation and corresponding EAD or other valid status documents.

Explore Other Immigration Pathways

In light of the TPS program’s uncertain future, HR teams should work with immigration counsel to evaluate alternate visa options, including:

– H-1B process for high-skilled roles
– L-1 transfers for intra-company mobility
– PERM labor certification for long-term sponsorship
– Asylum
– Family-based immigration
– Other nonimmigrant or immigrant options suited to your workforce

How Meltzer Hellrung Can Support Your Corporate Immigration Strategy

At Meltzer Hellrung, we offer comprehensive corporate immigration support for HR teams navigating TPS, Form I-9 compliance, and employment-based visa options.

To receive tailored guidance for your organization, contact your Meltzer Hellrung attorney.