On Wednesday, September 3, 2025, the Department of Homeland Security (DHS) announced  termination of the 2021 designation of Temporary Protected Status (TPS) for Venezuela, which will expire on September 10, 2025, and stated the termination will be effective 60 days after the publication of the Federal Register notice.  At this time, no Federal Register notice has been published. Based on this announcement alone, it appears though that TPS for the 2021 Venezuelan designation is extended to at least November 9, 2025, which is 60 days beyond September 10, 2025.  

What is unclear, however, is whether work authorization is also extended. Also unclear is how the employer can complete a Form I-9 without a Federal Register Notice, a valid employment authorization document (EAD) from the employee, or a U.S. Citizenship and Immigration Services (USCIS) receipt notice for an EAD renewal saying that work authorization is extended. The USCIS website page on TPS for Venezuela also has not been updated since August 15, 2025, as of the writing on this bulletin on September 4, 2025. So, currently, without acceptable documentation to show employment authorization, an employer is unable to complete the Form I-9 properly.  

By law, INA 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A),(C), DHS must decide within 60 days of the TPS expiration date whether a country no longer meets the conditions for designation of TPS and terminate TPS. Also, by law, if DHS does not meet this 60-day statutory deadline, TPS is automatically extended by at least six months. As the announcement by DHS was not made within the required 60-day timeframe, the decision to terminate the TPS Venezuela 2021 designation is open to litigation. Again, without acceptable documentation to show employment authorization, an employer is unable to complete the Form I-9 properly.   

The DHS’s announcement comes amid an already fraught litigation landscape regarding TPS for Venezuelan citizens. Plaintiffs in National TPS Alliance v. Noem, challenged DHS’s extension of TPS for Venezuelans under the 2023 designation and DHS’s termination of TPS under the 2023 designation. On March 31, 2025, District Court Judge Edward Chen in the Northern District of California temporarily blocked the Trump administration’s attempt to terminate TPS for Venezuelans under the TPS 2023 Venezuela designation. Following this decision, on May 19, 2025, the Supreme Court issued an order granting the Trump administration an emergency stay of Judge Chen’s decision pending a decision by the Ninth Circuit Court of Appeals and disposition of a petition for writ of certiorari if such a writ is timely filed.  

USCIS then updated its website after the Supreme Court Order and as of August 15, 2025, the USCIS website states, “Thus, TPS for Venezuelans with April 2, 2025 documentation has terminated pursuant to Secretary of Homeland Security Kristi Noem’s Feb. 5, 2025 decision to terminate TPS under the 2023 designation for Venezuela. … Separately, TPS under the 2021 designation for Venezuela remains in effect through September 10, 2025.”  

On August 29, 2025, the Ninth Circuit Court of Appeals upheld Judge Chen’s decision that postpones the termination of TPS for Venezuelans while litigation is ongoing. DHS has 90 days to file a writ of certiorari to challenge the Ninth Court’s decision.  

Despite the recent decision by the Ninth Circuit, the U.S. Supreme Court decision in May indicates that the District Court’s decision continues to be paused and TPS is not extended, especially for those Venezuelans under the TPS 2023 designation. As for those Venezuelans under the TPS 2021 designation, the DHS’ recent announcement creates uncertainty as to whether the TPS designation for Venezuela under the 2021 designation is extended at least for 60 additional days and if work authorization is provided beyond September 10, 2025. 

As of this bulletin, no safe harbor has been created for employers of Venezuelan TPS holders with a September 10th expiration. If an employer continues to employ workers after September 10th, and without further instruction and guidance by the USCIS on the matter, they do so at the risk of being charged with knowingly employing a foreign national who is not work authorized in the United States. Additionally, for those employers enrolled in E-Verify, if the E-Verify Change Status Report indicates the employee’s EAD has ended, then employers must ask the employee for additional proof of work authorization.   

Foster will notify employers if, and when, a safe harbor is created. 

Foster LLP will continue to monitor the anticipated and ongoing changes with the Venezuelan TPS designations, expiration dates, and ongoing litigation that will affect immigration benefits and will provide additional updates via our firm’s website at fosterglobal.com.