Extension and Redesignation of TPS for Venezuelan Nationals: What It Means

Venezuela is redesignated for TPS

This article discusses the recent announcement by the U.S. Secretary of Homeland Security, Alejandro N. Mayorkas, on the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months, effective from September 20, 2023.

The decision was made following a thorough review of Venezuela’s ongoing humanitarian, security, political, and environmental challenges, which prevent the safe return of Venezuelan nationals to their home country. This extension and redesignation allow Venezuelan nationals residing in the United States before July 31, 2023, to apply for TPS and Employment Authorization Documents.

Key Points of the TPS Redesignation:

Eligibility: Venezuelan nationals (or individuals without nationality who last habitually resided in Venezuela) who have been continuously residing in the United States since July 31, 2023, and meet other eligibility criteria, can apply for TPS.

Employment Authorization: Eligible individuals can obtain employment authorization by submitting a completed Form I-765, Application for Employment Authorization, either with their Form I-821 or separately later.

Application Processing: The U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under the previous TPS designation for Venezuela. Individuals with a pending Form I-821 or a related Form I-765, as of the date of the forthcoming Federal Register notice, do not need to refile their applications.

New Applicants: Eligible individuals who do not have TPS can submit a Form I-821, Application for Temporary Protected Status, during the initial registration period specified in the forthcoming Federal Register notice. They can also apply for TPS-related EADs and travel authorization.

Current Beneficiaries: Approximately 242,700 individuals are already benefiting from Venezuela’s existing TPS designation, with an additional estimated 472,000 nationals of Venezuela who may be eligible under the redesignation.

Massa Viana Law is committed to assisting its clients in navigating the complexities of immigration law, particularly in light of the recent TPS redesignation for Venezuelan nationals. Our experienced attorneys are available to clarify the eligibility criteria, timelines, and necessary procedures, ensuring that you have a clear understanding of your rights and options under the new designation.

As we await more detailed information in the forthcoming Federal Register notice, our team is ready to provide informed guidance and support to those affected by these developments.

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