Venezuela Designated for Temporary Protected Status

Effective March 9, 2021, the U.S. Citizenship and Immigration Service (USCIS) under the Biden Administration announced that Venezuela is designated for Temporary Protected Status (TPS) through September 9, 2022. Venezuelans residing in the United States since March 8, 2021 have until September 5, 2021 to apply for TPS. Along with TPS, applicants may also apply for Employment Authorization (EAD), which would remain valid for the duration of their TPS.

Venezuelans are also eligible for Deferred Enforced Departure (DED). If applying for EAD under DED, both expire on July 20, 2022. USCIS recommends that Venezuelans apply for TPS in case DED is not renewed.

Important information and deadlines for Venezuelan nationals or those without nationality last habitually residing in Venezuela:

  • TPS applicants must have resided in the United States since March 8, 2021 and have remained in the country since March 9, 2021;
  • TPS Application Deadline: September 5, 2021;
  • TPS and EAD valid until September 9, 2022;
  • DED and corresponding EAD valid until July 20, 2022;
  • Individuals may submit applications for TPS if they are already covered by DED

Foreign countries may receive TPS when experiencing dangerous conditions such as war or natural disaster. The government developed TPS because countries experiencing extreme conditions cannot safely welcome back or process nationals. When a country receives TPS designation, it means that those from that country may remain in the United States without fear of removal for the duration of their status. TPS is not a way to gain other immigration benefits, but it is still possible to apply for other immigration benefits while you have TPS.

Venezuela has seen intense political unrest due to Nicolas Maduro’s autocratic regime. While the United States recognizes interim President Juan Guaidó and has imposed sanctions on the country, Maduro has sent the country spiraling into a humanitarian crisis involving intense economic downturn and a shortage of essential goods and medicine. Many Venezuelans have fled for their lives. It is because of these dangerous conditions that the Biden administration and Secretary of Homeland Security designated Venezuela for TPS. CNN estimates that the designation will allow 300,000 Venezuelans to remain safely in the United States.

This article is for informational purposes only. It is not meant to and cannot substitute the advice of and representation from a competent immigration attorney.