At 11:59 p.m. local time on November 7, the Department of Homeland Security formally terminated the 2021 Temporary Protected Status (TPS) designation for Venezuela, ending immigration and work benefits for an estimated 320,000 beneficiaries who did not switch into the 2023 redesignation or another legal status. The move follows Secretary of Homeland Security Kristi Noem’s September 5 determination that improved—though still fragile—conditions in Venezuela no longer satisfy statutory TPS criteria.
Effective immediately, Employment Authorisation Documents issued under the 2021 designation are no longer valid, and affected individuals are expected to depart the United States or secure another status. USCIS guidance instructs employers to complete Form I-9 re-verification before the first workday after expiration (Nov 8) or remove the employee from payroll, absent other work permission.
![Venezuela TPS (2021) Designation Expires at Midnight, Employers Must Re-Verify Affected Workers]()
Advocacy groups warn that many Venezuelans have pending adjustment or asylum cases and may struggle to document interim status quickly. Large employers in construction, food processing and gig-economy delivery—sectors with significant Venezuelan TPS workforces—risk sudden labour gaps if they have not pre-planned for re-verification.
Companies are advised to: 1) identify employees who presented A-12 or C-19 EADs tied to the 2021 designation, 2) communicate deadlines and alternative work-authorisation options (such as the still-in-force 2023 TPS redesignation or family-based filings), and 3) document good-faith compliance to mitigate potential discrimination claims. Failure to re-verify may expose businesses to fines under the Immigration Reform and Control Act.
The termination also affects mobility programs that used TPS to place Venezuelan staff in U.S. roles. Mobility managers should coordinate with immigration counsel to explore L-1 intracompany transfers or remote-work pivots. A pending federal lawsuit has kept the 2023 redesignation alive, but litigation could change the landscape again; HR teams should monitor Federal Register and court updates closely.
Effective immediately, Employment Authorisation Documents issued under the 2021 designation are no longer valid, and affected individuals are expected to depart the United States or secure another status. USCIS guidance instructs employers to complete Form I-9 re-verification before the first workday after expiration (Nov 8) or remove the employee from payroll, absent other work permission.
Advocacy groups warn that many Venezuelans have pending adjustment or asylum cases and may struggle to document interim status quickly. Large employers in construction, food processing and gig-economy delivery—sectors with significant Venezuelan TPS workforces—risk sudden labour gaps if they have not pre-planned for re-verification.
Companies are advised to: 1) identify employees who presented A-12 or C-19 EADs tied to the 2021 designation, 2) communicate deadlines and alternative work-authorisation options (such as the still-in-force 2023 TPS redesignation or family-based filings), and 3) document good-faith compliance to mitigate potential discrimination claims. Failure to re-verify may expose businesses to fines under the Immigration Reform and Control Act.
The termination also affects mobility programs that used TPS to place Venezuelan staff in U.S. roles. Mobility managers should coordinate with immigration counsel to explore L-1 intracompany transfers or remote-work pivots. A pending federal lawsuit has kept the 2023 redesignation alive, but litigation could change the landscape again; HR teams should monitor Federal Register and court updates closely.
