The transcript version of our weekly Q&A livestream for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates.
By Kimberley (Best) Robidoux & Miki Kawashima Matrician
🔥 Question: What is Temporary Protected Status (TPS) and how does it work?
Response: TPS is a program that Congress created in 1990 to provide temporary protections to nationals of countries experiencing humanitarian disasters, environmental emergencies, or armed conflicts. The Department of Homeland Security (DHS) reviews conditions in these countries and determines whether they should be designated under TPS, typically for 6, 12, or 18 months. Sixty days before a designation expires, DHS decides whether to extend or terminate TPS based on conditions in the country. If conditions have not improved, the designation may be extended; if they have, it may be terminated.
🔥 Question: Who is eligible for TPS, and what benefits does it provide?
Response: Foreign nationals eligible for TPS must be from a designated country, have been continuously present in the U.S. since the effective date of TPS, and must not be inadmissible for criminal or national security reasons. Eligible individuals must register during the specified period and may also apply for an Employment Authorization Document (EAD), which allows them to work for any employer in the U.S.
🔥 Question: What are the recent TPS extensions announced by the Biden administration?
Response: On January 17, 2025, the Biden administration extended TPS for El Salvador, Sudan, Ukraine, and Venezuela. The expiration dates are:
- El Salvador: September 9, 2026
- Sudan: October 19, 2026
- Ukraine: October 19, 2025
- Venezuela: was October 20, 2026 and has now been changed as discussed below – DHS followed proper procedure for these extensions; however, a recent decision by the new DHS Secretary has impacted Venezuela’s designation and expiration dates.
🔥 Question: What happened with Venezuela’s TPS designation?
Response: On January 28, 2025, the DHS Secretary vacated the Venezuela TPS extension on a technicality. Venezuela had both a 2021 and a 2023 designation, and DHS stated that the previous administration did not properly follow procedures when subsuming the 2021 designation into the 2023 designation. As a result:
- The 2021 designation expires on September 10, 2025.
- The 2023 designation expires on April 2, 2025, which is soon. HR and mobility professionals should check employees’ EAD expiration dates to determine under which designation they fall.
🔥 Question: How does this impact Venezuelan TPS holders?
Response: DHS is invalidating EADs with an expiration date of October 2, 2026, that have category codes A12 or C19. USCIS is no longer accepting TPS re-registration applications for Venezuela, and pending applications will not be processed. USCIS will issue refunds. A national immigration group has sued DHS, arguing that the termination exceeded DHS’s authority. We will continue monitoring this case.
🔥 Question: What are the options for Venezuelan TPS holders moving forward?
Response: TPS holders need to explore alternative options to remain in the U.S. Some may qualify for asylum, while others might be eligible for a non-immigrant visa. Employers could also register them in the H-1B CAP lottery, though those selected would still likely need to leave the U.S. when their TPS expires and obtain an H-1B visa at a consular post before returning. Other potential options include O-1 visas for individuals with extraordinary ability or F-1 visas for those wishing to study full-time.
🔥 Question: What are the recent developments for Haiti’s TPS designation?
Response: DHS recently vacated the July 1, 2024, notice that extended Haiti’s TPS for 18 months until February 3, 2026. Instead, the designation period has been shortened to 12 months, expiring on August 3, 2025. As a result:
- EADs issued with a February 3, 2026, expiration date automatically terminate on August 3, 2025.
- USCIS will not issue new EAD cards to reflect the earlier expiration date.
🔥 Question: What does this mean for HR and global mobility professionals?
Response: Employers must update their records to reflect the new expiration date for Haitian TPS holders’ work authorization. If a new hire or existing employee presents an EAD with an expiration of February 3, 2026, the actual end date is now August 3, 2025. Continuing to employ a Haitian TPS holder beyond this date could result in fines during an ICE audit. Employers should start exploring alternative visa options for affected employees.
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