The Immigration and Nationality Act (INA) authorizes the Secretary of the Department of Homeland Security (DHS) to designate a foreign state for Temporary Protected Status (TPS), which is a temporary immigration benefit, and may grant TPS to eligible nationals of that foreign state. During the TPS period, beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to work and obtain an Employment Authorization Document (EAD) so long as they continue to meet the requirements of TPS.

Venezuela was designated for TPS on March 9, 2021. On October 3, 2023, Venezuela was newly designated for TPS based on continuing extraordinary and temporary conditions that prevented the safe return of Venezuelan nationals.

On February 3, 2024, U.S. Secretary of Homeland Security Krisi Noem terminated Venezuela’s 2023 TPS designation. The termination is effective April 7, 2025. Venezuelan nationals aligned with the 2023 designation will have to obtain alternative immigration status and employment authorization by the termination date to remain in the United States and maintain work authorization. The termination is expected to impact roughly 350,000 Venezuelan nationals currently in the United States.

For now, the 2021 Designation remains in full force and effect and is set to expire on September 10, 2025. The DHS Secretary must determine by July 12, 2025, whether to terminate or extend the 2021 designation.

Legal challenges to the termination of the 2023 designation are expected. Ice Miller’s Immigration team will continue to monitor developments. If you have Foreign National (FN) employees affected by the termination of the 2023 TPS Designation for Venezuela, please reach out to us to discuss alternative immigration options.

Specifically, the H-1B Visa – the “workhorse” of nonimmigrant visa classifications – may be a viable option. However, the H-1B FY2026 lottery is fast-approaching. Please reach out to Ice Miller no later than March 17, 2025, to assess whether affected FN employees qualify for the H-1B visa. The H-1B registration period is open noon Eastern on March 7, 2025, through noon Eastern March 24, 2025, whereby registrants can complete and submit registrations for the H-1B lottery.

Lastly, consider the following FN employees for the H-1B lottery: (1) FN employees who were not selected in previous lotteries; (2) FN employees who are currently working abroad; (3) FN employees in F-1 student status currently using OPT, STEM OPT, or CPT work authorization; (4) FN employees in TN, E-3, or a dependent to a principal visa holder (H-4, L-2, E-3D, E-2s, etc.) working on an EAD; (5) FN employees who you may consider for green card sponsorship in the future; and finally, (6) FN employees with temporary work authorization such as DACA who may be eligible for H-1B sponsorship.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.