September 18, 2025

Written by: Janine Guzmán, Xana Connelly

The Department of Homeland Security (DHS) announced, on September 3, 2025, the termination of the 2021 Temporary Protected Status (TPS) designation for Venezuela. The designation was set to expire on September 10, 2025, with an effective date of 60 days after publication of the notice in the Federal Register.

Thus, this termination is effective November 7, 2025. This determination follows the statutory review process, which requires DHS to assess whether country conditions continue to warrant TPS protection.

Basis for the decision

DHS, in consultation with the Department of State, and other federal agencies, concluded that Venezuela no longer meets the statutory requirements for TPS. Factors cited include:

  • Concerns regarding irregular migration and the potential “magnet effect” of TPS
  • National security and public safety considerations
  • Broader US immigration and economic policy objectives, and
  • Foreign policy interests.

DHS emphasized that extending TPS for Venezuelan nationals would be inconsistent with current efforts to manage migration and secure the southern border.

Business and compliance considerations

Employers with Venezuelan TPS beneficiaries should prepare for the upcoming expiration of work authorization. Anticipatory actions may include:

  • Reviewing workforce and immigration compliance policies
  • Reviewing Form I-9 and E-Verify compliance to ensure employment records remain current
  • Communicating proactively with impacted employees regarding timelines and options
  • Monitoring DHS and US Citizenship and Immigration Services (USCIS) for further procedural guidance or temporary extensions, and
  • Coordinating with immigration counsel to assess whether employees may qualify for alternative visas or work authorization categories.

Looking ahead

The termination of Venezuela’s TPS designation represents a significant policy shift with immediate consequences for thousands of Venezuelan nationals and their employers. Businesses are encouraged to remain vigilant in tracking developments, ensure compliance with federal employment verification requirements, and support affected employees in evaluating available legal options.

For more information, please contact the authors.

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