On September 8, 2022, United States Citizenship and Immigration Services (USCIS) released long-awaited official notice of an 18-month extension of the designation of Venezuela for Temporary Protected Status (TPS) on the Federal Register, as well as instructions on how current TPS beneficiaries may re-register to extend their status and clarification for those with pending TPS and work authorization applications.

This extension permits currently eligible TPS beneficiaries to retain TPS through March 10, 2024, so long as they otherwise continue to meet the eligibility requirements. Re-registration is limited to individuals who have previously registered for TPS under the designation of Venezuela, and whose applications have been granted.

Existing TPS beneficiaries who wish to extend their status through March 10, 2024, must re- register during the re-registration period.

The 60-day re-registration period for existing TPS beneficiaries runs from September 8, 2022, through November 7, 2022. Re-registrants should timely reregister during the 60-day registration period and not wait until their Employment Authorization Documents (EADs) expire, as delaying re-registration could result in gaps in employment authorization documentation.

Individuals who have a Venezuelan TPS application (Form I-821) pending as of September 8, 2022, do not need to file to re-register. Approval of a pending Form I-821 will result in a grant of TPS through March 10, 2024. USCIS will issue new EADs with a March 10, 2024, expiration date to eligible Venezuelan TPS beneficiaries who timely reregister and apply for EADs.

Similarly, if USCIS approves an individual’s pending TPS-related Form I-765 (Application for Employment Authorization), USCIS will issue the individual a new EAD that will be valid through March 10, 2024.

As DHS recognizes that not all re-registrants may receive new EADs before their current EADs expire on September 9, 2022, this Federal Register notice automatically extends the validity of those EADs previously issued under TPS designation of Venezuela through September 9, 2023.

For proof of continued employment authorization through September 9, 2023, TPS beneficiaries can show employers their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of September 9, 2022.

Certain nationals of Venezuela, or individuals having no nationality who last habitually resided in Venezuela and who have not previously applied for TPS, may be eligible to apply under the late initial registration provisions if they meet 1) at least one of the late initial registration provisions and 2) all TPS eligibility criteria, including continuous residence in the United States since March 8, 2021, and continuous physical presence in the United States since March 9, 2021. TPS designation for Venezuela was extended due to extraordinary and temporary country conditions that continue to prevent Venezuelan nationals from returning in safety. Upon review and consultation, the Secretary of Homeland Security has found that ongoing severe economic and political crises have limited access to food, basic services, and adequate healthcare, and have resulted in the deterioration of the rule of law and protection of human rights. It is estimated that more than 6 million individuals have left Venezuela as a result of the ongoing humanitarian crisis.

If you are a current beneficiary of Venezuelan TPS seeking to re-register to extend your status through March 10, 2024, or if you believe you may be eligible for a late initial registration, please contact Stephen Antwine, Esq. at Green & Spiegel for assistance at santwine@gands- us.com or (215) 395-8959.

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