TPS Venezuela has ended: what you can do now
TPS for Venezuela is over. The 2021 designation ended on November 7, 2025, the 2023 designation was terminated in 2025, and the last work permits a court had kept alive, those dated October 2, 2026, are no longer valid. If TPS was your only status, you need another basis to stay and work: an asylum claim, a family or employer petition, or another form of relief. Talk to an immigration attorney or accredited representative this month, because the asylum clock is running.
What happened, in dates
Venezuela had two TPS designations, and people were covered by one or the other depending on when they arrived. Both are gone.
| Date | What happened | Status |
|---|---|---|
| Jan 17, 2025 | DHS extends the 2023 designation to October 2, 2026. | Official |
| Feb 5, 2025 | DHS vacates that extension and terminates the 2023 designation (90 FR 9040). | Official |
| May 30, 2025 | A federal court in California keeps documents dated October 2, 2026 valid, if issued on or before February 5, 2025. | Official |
| Sep 8, 2025 | DHS terminates the 2021 designation, effective November 7, 2025 (90 FR 43225). | Official |
| Oct 3, 2025 | The Supreme Court lets the termination take effect while the case continues. | Official |
| Oct 2, 2026 | The last protected documents expire. USCIS now says they are no longer valid. | Official |
| Oct 5, 2026 | The Supreme Court vacates a Ninth Circuit ruling that had found the terminations unlawful, and sends it back. It does not restore any protection. | Reported |
The litigation is not finished, and a future ruling could change things. But nothing in force today gives Venezuelans TPS, and planning around a court win is planning around something nobody can promise you.
If you are working
Your employer used your TPS work permit (category A12 or C19) to complete your Form I-9. That document no longer proves you can work, and many employers are already reviewing files.
- DoIf you have any other valid document (an asylum EAD in category
C8, a green card, a different visa or parole document), give it to your employer now so they can update your I-9. - DoIf you have a pending application that can lead to a work permit, check your case status on USCIS and ask your attorney when you can file for the EAD.
- Don'tDon't show an expired card or anyone else's documents. Using false documents can make you permanently ineligible for future immigration benefits.
The options that are still open
Which one applies depends on your history, how you entered and your family. These are the ones that come up most for Venezuelans who had TPS. An attorney will screen you for all of them in one consultation.
Asylum (Form I-589)
The usual deadline is one year after arrival. Time spent in TPS counts as an extraordinary circumstance that pauses that deadline, but once TPS ends you have to file within a reasonable period. Every month you wait weakens that argument. If an application has been pending long enough, you can request a work permit in category
C8. Who is already late, the 2026 fees and how to file: asylum after TPS, step by step.Family-based petitions
If your spouse, parent or adult child (21 or older) is a U.S. citizen, or your spouse or parent is a permanent resident, a petition may lead to a green card. Whether you can complete it inside the U.S. depends on how you entered: people who were inspected and admitted or paroled are in a much better position.
Employer sponsorship
Slower and narrower, but real for nurses, engineers and other professionals. An employer petition alone does not give you permission to stay or work while it's processed.
Other relief
Special Immigrant Juvenile status for young people under 21, U and T visas for victims of certain crimes or trafficking, and other forms of relief exist. USCIS's Explore my options lists them.
If you receive a Notice to Appear
Never miss an immigration court date. If you don't appear, the judge can order your removal in your absence. Keep your address updated with the court (form EOIR-33) every time you move, and bring your documents and your attorney to every hearing.
Get help, and avoid the scams
Only two kinds of people can legally give you immigration advice: attorneys and accredited representatives who work for a DOJ-recognized organization. A notario is not a lawyer in the U.S. The Department of Justice keeps a list of free legal service providers by state.
Before the consultation, put these in one folder: your passport and any expired ones, your I-94, every USCIS receipt and approval notice (I-797), your TPS and EAD cards, and any court papers. If your passport has expired, see how to renew a Venezuelan passport from the U.S.; if you'll need your birth certificate for a petition, see getting and apostilling it from here and the translation USCIS requires.
Questions people ask
Is TPS for Venezuela extended?
No. Both designations have been terminated. The 2021 designation ended on November 7, 2025, and the 2023 designation was terminated in 2025. The last group of documents that a court kept valid, those showing an October 2, 2026 expiration, are no longer valid according to USCIS.
Can I still work with my TPS work permit?
Not on the basis of Venezuelan TPS. An EAD in category A12 or C19 tied to Venezuelan TPS no longer proves work authorization. If you have another basis, such as a pending asylum application with its own EAD, a family petition or a different status, that document is what you show your employer.
Can I apply for asylum after TPS ends?
Possibly. Asylum normally has to be requested within one year of arrival, but time in TPS counts as an extraordinary circumstance under 8 CFR 208.4(a)(5)(iv). After TPS ends you must file within a reasonable period, so the clock is the reason to talk to an attorney now, not later.
Will I be deported now that TPS has ended?
Losing TPS removes the protection; it does not by itself mean an order of removal. What happens depends on your history, any pending applications and whether you are placed in proceedings. If you receive a Notice to Appear, never miss the court date: missing it usually leads to a removal order in your absence.
Where can I get free or low-cost legal help?
Use the Department of Justice list of pro bono legal service providers, or a DOJ-recognized organization with accredited representatives. Avoid notarios and anyone who isn't an attorney or accredited representative: they can't legally give you immigration advice.
Sources checked on October 22, 2026
- USCIS — Temporary Protected Status Designated Country: Venezuela (archived, updated Oct 20, 2026)
- Federal Register — Extension of the 2023 Designation of Venezuela for TPS (Jan 17, 2025)
- 8 CFR 208.4 — Filing the asylum application (extraordinary circumstances)
- E-Verify — Update: Ninth Circuit court order, TPS Venezuela
- Latin Times — Venezuelan TPS has expired for the final 5,000 (Oct 22, 2026)
- EOIR — List of pro bono legal service providers
- USCIS — Explore my options
Something changed or looks wrong? Send us a correction. This guide is general information, not legal advice.