Publications

USCIS Announces 18-Month TPS Extension for Venezuelans; Eligibility Not Expanded

July 21, 2022

On July 11, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the extension of its current Temporary Protected Status (TPS) program for Venezuelans residing in the U.S. as of March 8, 2021. The 18-month extension of the existing TPS for Venezuelans will be effective from September 10, 2022 to March 10, 2024. USCIS estimates that over 343,000 individuals are eligible to register for the Venezuela TPS Program.

USCIS will publish re-registration instructions in the Federal Register. Applications should not be submitted before USCIS publishes the instructions.

 On July 11, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the extension of its current Temporary Protected Status (TPS) program for Venezuelans residing in the U.S. as of March 8, 2021. The 18-month extension of the existing TPS for Venezuelans will be effective from September 10, 2022 to March 10, 2024. USCIS estimates that over 343,000 individuals are eligible to register for the Venezuela TPS Program.

USCIS will publish re-registration instructions in the Federal Register. Applications should not be submitted before USCIS publishes the instructions.

What is the TPS Program?

As we explained in our previous Immigration Alert, when USCIS initially announced the program, TPS is a temporary immigration status granted to eligible nationals of countries designated under the Immigration and Nationality Act — or eligible persons without nationality who last resided in a designated country. This allows them to remain in the United States, assures that they are not removed, and authorizes them to obtain employment authorization so long as they continue to meet TPS’s threshold requirements. TPS beneficiaries may also apply for travel authorization at USCIS’s discretion. TPS beneficiaries are presumed to return to the United States in the same immigration status they had before travel.

TPS does not lead to permanent resident status, but individuals with TPS status may be eligible to adjust their status to permanent residency based on traditional permanent residency processing requirements.

Who is Eligible for the TPS Extension/Re-Registration?

Only Venezuelans who are beneficiaries of the current TPS designation for Venezuela and who have continuously resided in the U.S. since March 8, 2021, or before. Venezuelans who arrived in the U.S. after March 8, 2021 are not eligible for this benefit.

What About Venezuelans Who Entered the U.S. Before March 8, 2021, and Have Not Applied for TPS?

Eligible Venezuelans must apply for initial TPS registration before the September 9, 2022 deadline. Venezuelans covered under the grant of Deferred Enforced Departure (DED) must apply for initial registration by July 20, 2022.

What About Venezuelans Who Entered the U.S. After March 8, 2021?

Because USCIS did not re-designate the Venezuelan TPS Program to expand the TPS eligibility criteria, these individuals are not eligible to apply for the current TPS program. An estimated 250,000 Venezuelans have entered the U.S. since March 8, 2022. They will need to wait for a re-designation of the TPS Program, expanding its eligibility.  

What is the TPS Program?

As we explained in our previous Immigration Alert, when USCIS initially announced the program, TPS is a temporary immigration status granted to eligible nationals of countries designated under the Immigration and Nationality Act — or eligible persons without nationality who last resided in a designated country. This allows them to remain in the United States, assures that they are not removed, and authorizes them to obtain employment authorization so long as they continue to meet TPS’s threshold requirements. TPS beneficiaries may also apply for travel authorization at USCIS’s discretion. TPS beneficiaries are presumed to return to the United States in the same immigration status they had before travel.

TPS does not lead to permanent resident status, but individuals with TPS status may be eligible to adjust their status to permanent residency based on traditional permanent residency processing requirements.

Who is Eligible for the TPS Extension/Re-Registration?

Only Venezuelans who are beneficiaries of the current TPS designation for Venezuela and who have continuously resided in the U.S. since March 8, 2021, or before. Venezuelans who arrived in the U.S. after March 8, 2021 are not eligible for this benefit.

What About Venezuelans Who Entered the U.S. Before March 8, 2021, and Have Not Applied for TPS?

Eligible Venezuelans must apply for initial TPS registration before the September 9, 2022 deadline. Venezuelans covered under the grant of Deferred Enforced Departure (DED) must apply for initial registration by July 20, 2022.

What About Venezuelans Who Entered the U.S. After March 8, 2021?

Because USCIS did not re-designate the Venezuelan TPS Program to expand the TPS eligibility criteria, these individuals are not eligible to apply for the current TPS program. An estimated 250,000 Venezuelans have entered the U.S. since March 8, 2022. They will need to wait for a re-designation of the TPS Program, expanding its eligibility.  

 

  • share with
Name Title Direct Dial Vcard
Hernández García, Edwin M. Associate Associate 212.574.0320 VCard
Levine, Roxanne H. Partner Partner 212.216.1122 VCard

Privacy Policy

We have updated our privacy policy. Click here to view.

I agree