Sept. 8, 2022: Federal Register Notice for 18-Month Extension of TPS Designation for Venezuela Published
- Venezuela received an 18-month extension of Temporary Protected Status, or TPS, designation from Sept. 10, 2022, through March 10, 2024.
- DHS has automatically extended the validity of Employment Authorization Documents, or EAD, previously issued under the TPS designation of Venezuela through Sept. 9, 2023.
- To maintain TPS through the 18-month extension period, current Venezuela TPS holders will need to re-register during the 60-day re-registration period, which runs from Sept. 8, 2022, to Nov. 7, 2022.
- Individuals who have an initial Venezuelan TPS application (Form I–821) pending as of Sept. 8, 2022, do not need to file to re-register for TPS.
Temporary Protected Status for Venezuela
Eligibility for TPS:
- To be eligible for TPS re-registration, applicants must submit an Application for Temporary Protected Status (Form I-821) AND:
- Be a Venezuelan national or noncitizen having no nationality who last habitually resided in Venezuela;
- Have continuously resided in the United States since March 8, 2021; and
- Have been continuously physically present in the United States since March 9, 2021.
- However, otherwise eligible individuals are not eligible if they:
- Have been convicted of any felony or two or more misdemeanors committed in the United States;
- Are found inadmissible under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
- Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity; or
- Fail to meet the continuous physical presence and continuous residence in the United States requirements.
Procedures for Re-Registration:
- The 60-day re-registration period for CURRENT Venezuelan TPS holders runs from Sept. 8, 2022, through Nov. 7, 2022. TPS holders are encouraged to apply as early as possible during the re-registration period.
- To re-register, current TPS holders who do not have a pending application must submit the TPS application (Form I-821). Current Venezuelan TPS holders DO NOT need to pay a filing fee with Form I-821.
- Although current TPS holders do not need to pay a filing fee for Form I-821, TPS holders age 14 and over must submit a biometrics service fee, which is $85. Individuals unable to pay the biometrics fee may submit a request for a fee waiver (Form I-912). More information on fee waivers can be found here: www.uscis.gov/i-912.
- Venezuelan TPS holders who file a fee waiver application for the biometrics fee but are denied may still re-file the I-821 and pay the biometrics fee even if outside the 60-day re-registration period. According to USCIS, in this situation, applicants are urged to re-file within 45 days of the denial notice, showing good cause for late filing (e.g. the application is late because of the fee waiver denial). For more information on filing late and good cause visit: https://www.uscis.gov/humanitarian/temporary-protected-status.
- Exception to re-registration: Individuals who have a Venezuela TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of Sept. 8, 2022, do not need to file either application again. If USCIS approves an individual’s Form I-821, USCIS will grant the individual TPS through March 10, 2024. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.
- For current Venezuelan TPS holders, EADs in the (a)(9) or (c)(12) category with an expiration date of Sept. 9, 2022, are automatically extended through Sep 9, 2023. These individuals must still apply to re-register for TPS under the extension but can show the expired EAD and Federal Register notice to employers as proof of continued employment authorization.
- Venezuelan TPS holders who do not have an application pending from the previous registration period and who wish to receive work authorization through the entire TPS designation period (through March 10, 2024), must file the I-821 along with an Application for Employment Authorization (Form I-765) and pay the $410 fee and the biometrics service fee, which is $85 (or request a fee waiver). More information on fee waivers can be found here: www.uscis.gov/i-912.
- Individuals who have a Venezuelan TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of Sept. 8, 2022, do not need to file either application again. If USCIS approves an individual’s Form I-821, USCIS will grant the individual TPS through March 10, 2024. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.
- Venezuelan TPS holders may file for work authorization through March 10, 2024, at a later time (after the 60-day re-registration period closes on Nov 7, 2022), but risk having gaps in employment authorization.
Avoiding Legal Services Fraud:
- Venezuelans registering for TPS, and work authorization should seek qualified legal assistance and beware of fraud. More information about avoiding legal services scams is available here: cliniclegal.org/resources/protecting-your-community/unauthorized-practice-immigration-law.