Today, June 25, 2025, the U.S. Department of Homeland Security (DHS) issued a significant update regarding the Temporary Protected Status (TPS) designations for citizens of Venezuela. This update may impact employees in your workforce who hold TPS, and it is important to understand the changes and prepare accordingly.
The TPS designation announced in 2023 for Venezuelan nationals was set to terminate on April 7, 2025, at 11:59 p.m. However, a separate TPS designation for Venezuela issued previously in 2021 remains in effect and is currently valid through September 10, 2025. As a result, there are now two overlapping TPS designations for Venezuelan nationals, each with different timelines and re-verification requirements for employers.
In a recent development, a federal court has temporarily blocked DHS from ending the 2023 TPS designation, allowing work authorization and TPS protections under that designation to remain in place pending further judicial review. Employers of Venezuelan citizens on TPS should monitor this litigation closely, as it will ultimately determine whether the 2023 designation and its associated benefits will end as planned, retroactive to April 2025, or continue beyond that date.
For employers, this dual-designation situation has direct consequences for Form I‑9 compliance. Employees who are TPS beneficiaries under the 2023 designation must have their employment authorization reverified, unless the court’s temporary order is extended or made permanent. Separately, those under the 2021 designation will require re-verification by September 10, 2025.
Given these developments, employers should take immediate steps to identify any Venezuelan TPS holders in their workforce and determine under which designation each employee falls. HR and legal teams should track expiration dates for Employment Authorization Documents (EADs), prepare to reverify documents within the required timelines, and stay updated on the pending court decision that may affect the 2023 designation.
Proactive compliance is essential. We recommend conducting a workforce audit to assess TPS-holder status and informing affected employees of the need to re-verify and renew their EADs if applicable. Ensuring accurate and timely re-verification can prevent unauthorized employment and reduce the risk of penalties.
If you have questions about how this development may affect your organization, or if you would like assistance conducting a TPS compliance audit, please contact your attorney or reach out to us at info@grahamadair.com.