What it is?

Vacatur of the Jan. 17, 2025, notice that extended a Temporary Protected Status (TPS) designation for Venezuela.

Who it affects?

Citizens of Venezuela who are current beneficiaries of Temporary Protected Status and are in the U.S.

When?

The vacatur is effective immediately.

The Details:

On Jan. 28, 2025, Secretary of Homeland Security Kristi Noem vacated the Jan. 17, 2025, notice that extended a Temporary Protected Status (TPS) designation for Venezuela. The department will revert to the TPS redesignation and extension guidance that was announced in October 2023.

The corresponding Federal Register notice provides detailed information about the vacatur and its impact on Venezuelan citizens who are current beneficiaries of TPS.

 

Effect of the Vacatur:

 

As a result of the vacatur, the 2021 Venezuela TPS designation and the 2023 Venezuela designation remain in effect. The Venezuela 2023 TPS designation expires on April 2, 2025, and the Venezuela 2021 TPS designation expires on September 10, 2025. For more details on EAD expiration dates and eligibility please refer to the USCIS website.

 

USCIS will no longer accept Venezuela TPS reregistration applications (Form I–821) and associated Applications for Employment Authorization (Form I–765) filed under the Jan. 17, 2025, notice.

 

For TPS beneficiaries who have already filed applications to re-register for TPS pursuant to the Jan. 17, 2025, notice and paid any fees associated with their applications, USCIS will cease processing their applications, and issue refunds of any fees paid by those applicants.

 

USCIS will invalidate EADs; Forms I–797, Notice of Action (Approval Notice); and Forms I–94, Arrival/Departure Record (collectively known as TPS-related documentation) that have been issued with October 2, 2026 expiration dates under the Jan. 17, 2025, notice. USCIS will provide refunds of any fees paid by these applicants as well.

 

Additionally, the automatic EAD extensions provided in the Jan. 17, 2025, notice are rescinded.