Update Applicable to:	Effective Date
All Covered Employers	Court Order: Nationwide and Immediately   New End Date for TIPS: October 2, 2026 (Se Details Below)

What happened?

On March 31, 2025, a California federal court in National TPS Alliance v. Noem granted a motion to postpone actions taken by DHS Secretary Kristi Noem regarding the 2023 Venezuela Temporary Protected Status (TPS) Designation.

Overview:

Court Decision:

• The court postponed Secretary Noem’s actions, maintaining the 2023 TPS designation and its extension through October 2, 2026.

• Venezuelan nationals under the 2023 designation automatically receive an extension of their Employment Authorization Documents (EADs) through April 2, 2026.

• TPS for the 2021 designation remains valid through September 10, 2025.

Employer Guidance:

• Follow Previous Notice: Employers should adhere to the notice published under former Secretary Mayorkas.

• EAD Extensions: Venezuelan nationals with TPS-based EADs expiring on specific dates are automatically extended through April 2, 2026.

• I-9 Re-verification: Employers should list April 2, 2026, as the new expiration date for qualifying EADs and note the extension based on the court order.

• Employers should not advise employees on TPS redesignation or work authorization extensions beyond April 2, 2026.

• The court order ensures Venezuelan TPS holders retain their legal status and employment authorization through October 2, 2026, pending the final decision.

Additional Details:

Background:

• January 28, 2025: Secretary Noem reversed the Biden administration’s extensions for Venezuelan nationals, reverting TPS expiration dates to April 2, 2025 (2023 designation) and September 10, 2025 (2021 designation).

• Legal Challenge: This reversal was immediately challenged, leading to the current case.

• Court Order:  Postpones Termination of 2023 Venezuela TPS Designation

• Appeal: DHS has filed an appeal to the U.S. Court of Appeals for the Ninth Circuit.

Impact:

• The 18-month extension for 2021 and 2023 TPS designations is reinstated.

• EADs issued under these designations remain valid through April 2, 2026.

• USCIS guidance instructs employers to enter April 2, 2026, as the new expiration date on Form I-9.

Source References

• National TPS Alliance v. Noem (Case No. 25-cv-01766-EMC)
• National TPS Alliance v. Noem – Granted Plaintiffs’ Motion 
• Federal: DHS Terminates Venezuela as a Temporary Protected Status (VensureHR)
• USCIS – Compliance with Court Order Regarding 2023 Designation of TPS Venezuela
• USCIS – Temporary Protected Status

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