A recent ruling from the U.S. District Court for the Northern District of California has extended Temporary Protected Status (“TPS”) for Venezuelan nationals until October 2, 2026. This court decision delays the termination of TPS, allowing those covered by this status to remain in the U.S. without interruption.  As a result, Venezuelan nationals with TPS can continue their lives and employment in the U.S., while employers and employees must adjust to updated guidelines.

Key Developments

The court’s decision on January 17, 2025, ensures that Venezuelan nationals who have been benefiting from TPS will not lose their status immediately. For employers, this means the continued need to accommodate workers with TPS, including those who are currently in the process of renewing their employment authorization. Importantly, Employment Authorization Documents (“EADs”) for certain TPS holders have been automatically extended through April 2, 2026, meaning their work authorization remains valid. Employers are now required to update their records and ensure compliance with the latest guidance from USCIS and E-Verify.

Next Steps for TPS Holders

For those with TPS, the extension provides a valuable opportunity to make sure all necessary documentation is current. If you have TPS, here’s what you need to know:

• Re-registration. Venezuelan TPS holders must re-register during the re-registration period from January 17, 2025, to September 10, 2025. Failure to re-register could result in loss of TPS status. If you re-register, you will receive a new EAD valid until October 2, 2026.
• Work Authorization. TPS holders can continue to work legally in the U.S. while ensuring their documentation remains valid. If your EAD has expired, take immediate steps to renew it to maintain your employment eligibility.
• I-9 Form Updates. Employers should review and update the I-9 forms for Venezuelan employees with TPS. The expiration dates on Section 2 should be adjusted to reflect the extended validity of EADs. Employers must ensure that TPS holders’ work authorization remains valid in their I-9 records and make any necessary updates to remain compliant.

What This Means for Employers and Employees

Employers should take steps to ensure that TPS holders are properly recorded in their systems and that their work authorizations remain in place until further notice.  This includes updating I-9 forms to reflect the extension of EADs. If you’re an employee with TPS, this extension is a chance to stay on top of your status and make sure your EAD and paperwork are up to date. For both employers and employees, this ruling offers much-needed clarity and continuity.

Carrasquillo Law Group and the members of the Business Immigration Practice Group are available to assist employers and employees with navigating these updates to ensure compliance with the new guidance.