What is the current state of TPS for Venezuelans?
Current status
As of September 25, 2026, TPS is not generally available to Venezuelans under either the 2021 or 2023 designation. The 2021 designation terminated effective November 7, 2025, and the Supreme Court allowed the termination of the 2023 designation to take immediate effect on October 3, 2025.[3][4]
There is a limited work-authorization exception: USCIS says Venezuelan TPS beneficiaries who received an EAD on or before February 5, 2025, with a “Card Expires” date of October 2, 2026, retain work authorization through that date.[4] That exception concerns employment authorization; it should not be assumed to restore TPS or provide TPS protection from removal. The TPS statute generally ties protection from removal and work authorization to the period TPS is in effect.
| Venezuelan TPS group | Current position |
|---|---|
| 2021 designation | Terminated effective November 7, 2025.[3] |
| 2023 designation | Termination allowed to take immediate effect October 3, 2025.[4] |
| Specified EAD holders | Work authorization remains valid through October 2, 2026, if the EAD was received on or before February 5, 2025, and shows an October 2, 2026 expiration date.[4] |
The January 2025 announcement extending the 2023 designation through October 2, 2026 is no longer a reliable description of the current status: DHS later vacated that extension and terminated the designation, and the Supreme Court subsequently allowed the termination to take immediate effect.[1][2][4] Because USCIS notes that litigation-related updates are possible, the precise effect of any later court order or new agency notice should be checked against the current Venezuela TPS guidance.[4]