TPS for Venezuela After Supreme Court Decision: What You Should Know
On October 3, 2025, the U.S. Supreme Court undid the September 5, 2025, federal court decision which allowed all Venezuelan TPS holders to extend TPS and related work authorization until October 2, 2026. As a result, TPS and work authorization for 2023 designation TPS holders has already expired, with exceptions, and 2021 designation TPS holders will continue to have TPS and work authorization through November 7, 2025.
Following the October 3, 2025, Supreme Court decision, TPS has expired for 2023 designation TPS holders and 2021 designation TPS holders will continue to have TPS and work authorization through November 7, 2025.
*Please note: For 2023 designation TPS holders who received TPS-related work authorization documents, Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025 will maintain TPS and work authorization until October 2, 2026, pursuant to the U.S. District Court for the Northern District of California’s May 30, 2025 order.
For 2023 designation TPS holders:
- TPS holders will not be able to use expired TPS work permits as proof of work authorization.
- A TPS holder who has applied for other immigration relief, for example asylum, may be authorized to work based on another pending application, and may provide proof of other forms of employment authorization to employers.
For 2021 designation TPS holders:
- TPS and related work authorization remains valid through November 7, 2025.
*Please note: For 2023 designation TPS holders who received TPS-related work authorization documents, Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025 will maintain TPS and work authorization until October 2, 2026, pursuant to the U.S. District Court for the Northern District of California’s May 30, 2025 order.
On September 8, 2025, DHS issued a Federal Register notice terminating 2021 designation Venezuelan TPS, effective November 7, 2025, at 11:59pm.
For 2021 designation Venezuelan TPS holders, No. Employers should not require re-verification of TPS until November 7, 2025, as of now. We will keep you updated on further developments.
For 2023 designation TPS holders who already re-registered, TPS and related work authorization will remain valid through October 2, 2026, unless a later court decision states otherwise.
- If you are represented by a union, contact your Union Representative. Your union can bargain with your employer for an unpaid leave of absence, severance pay, or other separation benefits.
- Contact a trusted immigration attorney immediately. Beware of “notarios” or scammers. Find a reputable legal service provider near you.
Seek Legal Advice From a Reputable Legal Service Provider
It is important for you to immediately seek legal advice if you have questions about how this decision may impact you or your loved ones and to help you determine if you have any other immigration relief you may be eligible for, such as asylum. Beware of “notarios” or scammers. Find a reputable legal service provider near you.
Take Action, and Make your Voice Heard!
Join us in the fight for a more just, humane, and orderly immigration system—one that creates additional legal paths for immigrants to remain in the U.S. with a pathway to citizenship.
