TPS Overview
The Immigration Act of 1990 (“IMMACT”) established Temporary Protected Status (“TPS”) for noncitizens who are temporarily unable to return to their home countries due to conditions there such as natural disasters or war. This covers only nationals of certain eligible countries which are designated by the Department of Homeland Security. The list of eligible countries is updated regularly.
Venezuela was originally added to the list in 2021, and then again in 2023 due to national unrest and economic struggles within that country. On February 2, 2025, it was announced that Venezuela would be removed from the TPS list of eligible countries as of April 7, 2025. The estimated 350,000 Venezuelan nationals in the U.S. as of 2023 will be at risk of removal at that time.
The Department of Homeland Security has issued this termination in response to growing concern over the large number of unlawful immigrants who have entered the U.S. in recent years, and the increasing presence of Venezuelan gang members engaging in criminal activities.
Benefits of TPS Status
The benefits of being covered under TPS include:
- Protection from removal proceedings
- Eligibility for employment authorization
- Eligibility to apply for travel authorization
In a time when many noncitizens in the United States have concerns about possible removal due to highly publicized ICE (U.S. Immigration and Customs Enforcement) raids, TPS status confers protections even for those who did not enter lawfully if they meet certain requirements (See Requirements to Qualify for TPS below. Per the Court’s finding in the 2021 case Sanchez v. Mayorkas , TPS is not equivalent to lawful admission but grants legal permission to remain in the U.S. Because they have not been lawfully admitted, individuals covered under TPS cannot apply for permanent resident status on the basis of their TPS status.
Countries Covered Under TPS
The current list of countries covered under TPS designation includes:
- Afghanistan –through May 20, 2025
- Burma (Myanmar) –through November 25, 2025
- Cameroon –through June 7, 2025
- El Salvador –through September 9, 2025
- Ethiopia – through December 12, 2025
- Haiti –through August 3, 2025
- Honduras – through July 5, 2025
- Lebanon – through May 27, 2026
- Nepal – through June 24, 2025
- Nicaragua – through July 5, 2025
- Somalia – through March 17, 2026
- South Sudan – through May 3, 2025
- Sudan – through October 19, 2026
- Syria – through September 30, 2025
- Ukraine – through October 19, 2026
- Venezuela – now ends April 7, 2025
- Yemen – through March 3, 2026
2025 Updates to TPS for Venezuelans
The above designations are current as of this writing, but subject to change as determined by the Department of Homeland Security (DHS). Once DHS determines a country is safe to return home to, they terminate the TPS designation. Individuals covered under TPS then no longer have the right to work in the United States and will no longer be protected from removal (deportation).
In this case, an individual in the U.S. under TPS may wish to adjust their status if they want to remain in the U.S. See our adjustment of status page. If you are a Venezuelan national in the U.S. under the TPS program, you may wish to adjust your status in order to start the process toward legal permanent residency.
Since the year 2021, 600,000 Venezuelan nationals have benefited from TPS protection in the United States. The new DHS Secretary, Kristi Noem, recently announced that Venezuela’s TPS designation will end in April of 2025. At that time, more than half of the Venezuelans in the U.S. may be eligible for removal if they do not adjust their status before then.
Requirements to Qualify for TPS
In order to qualify for TPS, an individual has to fulfill certain requirements, including:
- Be a national of one of the countries on the list above
- Not be barred from the U.S. based on certain criminal activity or national security concerns
- Have entered the U.S. after the effective date
- Have maintained continued residence in the U.S.
- Apply for status during the registration period before the deadline
For country-specific date requirements for residency and TPS registration, please see Temporary Protected Status | USCIS.
Legal Challenges to Termination of Venezuelan TPS Status
In February of 2025, two advocacy groups filed separate lawsuits on behalf of Venezuelan immigrants which challenge the termination of TPS protections for them. The lawsuits contend that the Department of Homeland Security lacks the authority to terminate Venezuela’s TPS status, even though the Secretary of Homeland Security has exercised that authority since 2017.
It remains to be seen whether the active lawsuits will push back the looming April deadline for termination of TPS status for Venezuelans. A decision to extend the deadline must be made 60 days before the expiration, which has already passed. Only a court injunction is likely to change it at this point.
If You Need Immigration Advice or Still Have Questions
If you, a loved one, or an employee are Venezuelan and present in the U.S. under the TPS program, do not delay in seeking the counsel of an immigration attorney to begin the process to adjust your status before the April deadline. If you have already been served a Notice to Appear, the immigration court will not provide an attorney for you. You can hire your own attorney, however, and they are allowed to appear with you to advocate on your behalf. For help with this or any immigration questions you may have, fill out the form here to schedule a time to speak with a qualified immigration attorney. It has never been more important to have a knowledgeable and compassionate advocate on your side!
1 Sanchez v. Mayorkas | 593 U.S. ___ (2021) | Justia U.S. Supreme Court Center
2 This is a change from the previous end date, amended by the new Secretary of Homeland Security, Kristi Noem.
