Photo by Jorge Salvador on Unsplash

On March 8, 2021, Secretary of Homeland Security Alejandro N. Mayorkas designated Venezuela for Temporary Protected Status (TPS) until September 2022. The TPS was designated for 18 months, and was set to expire in two months. However, as of July 11, the Department of Homeland Security (DHS) has announced an extension of that designation for another 18 months.

The 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024. Unlike some past extensions of TPS for other countries, this extension only covers Venezuelan beneficiaries who receive TPS under the current designation, and who were already residing in the United States as of March 8, 2021. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS. 

CAN I STILL APPLY FOR TPS UNDER THE CURRENT (FIRST) DESIGNATION?

If you are living in the United States and are eligible for TPS as a Venezuelan but haven't applied yet, there is a limited window to do so. 

• The registration period for Venezuelans to apply for TPS ends September 9, 2022. That means any application for TPS needs to be filed by September 8. We recommend applicants not wait until the last minute to file. 
• Initial applicants must file the Form I-821 with USCIS including the appropriate filing fees and supporting evidence of eligibility during the initial registration period. You should also include the I-765 application for work authorization with your application in most cases. 

WHAT ARE THE REQUIREMENTS FOR VENEZUELANS WANTING TPS?

In order to be eligible you must demonstrate that:

• You have Venezuelan nationality or last habitually resided in Venezuela.
• You have continuously resided in the United States as of March 8, 2021.
• You have been continuously physically present in the United States since March 9, 2021.

WHAT IF I ALREADY HAVE TPS?

If you received TPS already you will need to re-register, and your employment authorization document (EAD) will also need to be renewed. Once the DHS announcement has been published in the Federal Register there will be further instruction about renewing your TPS.

Venezuela remains a country marred by arbitrary arrests, inadequate access to basic healthcare and food, political unrest, and a humanitarian crisis. Approximately 343,000 individuals in the United States are estimated to be eligible for TPS under the existing designation of Venezuela. 

If you have questions about how you or a loved one can apply for TPS, or extend your current TPS, please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.