A Quarter of a Million Venezuelans to Lose Temporary Protected Status
On September 8, 2025, the Department of Homeland Security published a Federal Register notice terminating Temporary Protected Status (TPS) from Venezuela. The move, originally announced by United States Citizenship and Immigration Services, will strip the legal status of 268,000 Venezuelans living and working in the U.S. under a 2021 TPS designation.
What is temporary protected status (TPS)?
Temporary protected status can be granted to a country that has been recently impacted by war, political turmoil, an environmental disaster, or another extraordinarily dangerous condition. The decision to grant TPS status is made by the Secretary of Homeland Security.
Individuals from that country in the U.S. may apply to become TPS beneficiaries, and those who are approved (or are preliminarily eligible) receive the following rights while TPS status is effective:
- They are protected from detention and deportation from the U.S. solely based on lack of an immigration status.
- They may apply for a nonimmigrant visa or receive an employment authorization document (EAD).
- They may be allowed to travel to and from the U.S.
- If the beneficiary of an immigrant petition, they may file an adjustment of status and potentially obtain a Green Card.
- They may be eligible for other immigration protections.
Who is affected by the notice of termination?
The DHS’s action will impact hundreds of thousands of Venezuelan nationals (and individuals with no nationality who last resided in Venezuela) who were either:
- Approved for TPS status under the original March 9, 2021, TPS designation or its September 10, 2022, extension,
- Approved for TPS status under a redesignation of the original TPS status in 2023, or
- Approved for TPS status under a consolidation of the 2021 and 2023 designations created on January 17, 2025.
In late January and early February, Secretary of Homeland Security Kristi Noem reversed both the 2023 redesignation and the 2025 consolidation, leaving the original 2021 designation to expire as scheduled in September.
What should Venezuelans covered under TPS do next?
By law, the termination means anyone covered under the TPS designation for Venezuelans will be required to leave the country no more than 60 days after the Federal Register notice is published or risk removal.
According to USCIS, these TPS beneficiaries’ status will expire at 11:59 p.m. on November 7, 2025.
Venezuelan nationals protected by the 2021 TPS designation may be able to continue living and working in the U.S. if they meet one of the following qualifications:
- They’ve obtained another nonimmigrant visa, including a student visa (like the F-1 visa), sponsorship for a work visa (like the H-1B visa), or for extraordinary ability (like the O-1 visa).
- They’ve obtained legal permanent resident status as the beneficiary of a petition, such as an employment-based immigrant visa (like EB-1 or EB-2 NIW) or a family-based petition.
- They’re eligible for another protected status, such as asylum.
Bottom Line: Venezuelans under TPS status need to consider their options now
If you’re a Venezuelan national under TPS status, you have 60 days before it expires. You should start considering your options now, which could mean applying for a visa or another status that would allow you to stay in the United States.
An experienced immigration attorney can assist you in navigating through the different possibilities. At Manifest Law, we frequently help people transition to a student visa or work visa from another protected status. If you’re concerned about losing the ability to stay in the U.S. after November 7, you can request a consultation with Manifest Law here.