Angelica Rice, Esq.

On January 28, 2025, Secretary of Homeland Security Kristi Noem vacated the January 10, 2025, decision by former Secretary Alejandro Mayorkas that had extended the 2023 designation of Temporary Protected Status (TPS) for Venezuela and ordered that his January 17, 2025, notice re-designating Venezuela TPS be vacated. This action has understandably caused confusion and concern among Venezuelan TPS beneficiaries and those with pending applications. It is critical to clarify that this does not mean that the TPS program for Venezuela has been eliminated . Instead, the Department of Homeland Security (DHS) must now reconsider whether to re-designate (extend) or terminate the previous Venezuela TPS designations from 2021 and 2023. What Does the Vacatur Mean? Because the January 17, 2025, TPS extension was vacated, the most recent valid TPS designation for Venezuela remains the October 3, 2023, designation . The vacatur does not immediately affect TPS protections for individuals covered under the prior designations. However, DHS must make key decisions in the coming months: By February 1, 2025 , DHS must decide whether to extend or terminate the October 3, 2023, designation . By July 12, 2025 , DHS must decide whether to extend or terminate the March 9, 2021, designation . If the Secretary does not make a timely determination (for example, if the Secretary were not to make determination by February 1, 2025 whether to extend or terminate the 2023 Venezuela TPS designation), then the statute provides for an automatic extension of the designation for an additional period of 6 months . INA 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Until these decisions are made, TPS remains in effect under the previous designations , and those who have already been granted TPS are not immediately impacted. Who Is Affected and What Should You Do? Current TPS Holders If you were already granted TPS under the March 9, 2021, or October 3, 2023, designations, your status remains valid. You must continue to comply with all re-registration requirements to maintain your protection and work authorization. Re-registration period: TPS beneficiaries under the 2021 and 2023 designations must re-register between January 17, 2025, and September 10, 2025 , to maintain their legal status and work authorization. Individuals with Pending TPS Applications as of January 17, 2025 If you applied for TPS before January 17, 2025 , under a previous designation, your application will continue to be processed . If your application is approved, your TPS protection will remain valid at least until April 2, 2025 . There is no need to reapply. Individuals Who Applied for TPS Between January 10, 2025, and January 28, 2025 If you applied for TPS during this period, USCIS will cease processing your applications and issue refunds of any fees paid in association with those applications . Additionally, USCIS will invalidate EADs; Forms 1-797, Notice of Action (Approval Notice); and Forms 1-94, Arrival/Departure Record (collectively known as TPS-related documentation) that have been issued with October 2, 2026 expiration dates under the January 17, 2025 Mayorkas Notice. What Happens Next? Given the Biden administration’s prior support for TPS, many expect DHS to extend or re-designate Venezuela for TPS rather than terminate it . However, no final decision has been made , and Venezuelan nationals with TPS or pending applications should continue to follow updates closely. What Should You Do Now? If you currently hold TPS , continue to comply with all TPS renewal requirements and remain aware of DHS’s upcoming decisions. If you have a pending application , check USCIS updates regularly and consult with an immigration attorney for the latest guidance.  If you applied between January 17, 2025, and January 28, 2025 , seek legal counsel to understand how the vacatur may affect your application. Stay Informed and Get Legal Guidance Our immigration firm is closely following these developments and will provide updates as soon as DHS makes its decision. If you have questions about your TPS status or how this memo affects your case, contact our office today for a consultation. For more information, refer to the official DHS notice on the vacatur: Vacatur of 2025 Temporary Protected Status Decision for Venezuela .

Key Changes to T Visa Process (Effective October 23, 2024) U.S. Citizenship and Immigration Services (USCIS) recently updated its policy for T visas, which provide protection and legal status to noncitizen victims of severe human trafficking. This update, effective October 23, 2024, introduces key changes that streamline the application process and broaden access to benefits for trafficking survivors. One of the most impactful updates is the new ability for T visa applicants to receive work authorization while their T visa application is still pending. Immediate Work Authorization Eligibility In a major shift, T visa applicants can now file for and potentially receive work authorization before their T visa application is approved. Through the new “bona fide determination” process, USCIS assesses basic eligibility at the outset. If an application is deemed “bona fide,” the applicant may be granted deferred action and an Employment Authorization Document (EAD), allowing them to work legally in the U.S. while awaiting full T visa approval. This is a critical step forward, as applicants no longer need to wait until their T visa is approved to receive work authorization. Additional Policy Highlights “Any Credible Evidence” Standard The policy emphasizes that applicants can submit any form of credible evidence in support of their case. This approach ensures that survivors, who may lack traditional documentation, still have a fair chance to prove their situation. Victim-Centered and Trauma-Informed Approach The update reinforces a trauma-informed review process, prioritizing the needs and well-being of trafficking victims and making it more compassionate. Physical Presence Requirement Flexibility USCIS now allows certain exceptions to the rule that applicants must remain in the U.S. due to their trafficking situation, providing flexibility for those who may have briefly departed and returned. Clarified Reporting Requirement While applicants generally must report their trafficking to law enforcement with jurisdiction over trafficking cases, exceptions exist for individuals unable to report due to age or trauma. What This Means for Applicants The T visa offers temporary legal status to certain victims of human trafficking, typically allowing them to stay in the U.S. for an initial period of up to four years. With these updates, the T visa program is now more accessible and supportive, helping survivors gain stability and security sooner. Need Help with a T Visa Application? If you or someone you know is a trafficking survivor and may benefit from a T visa, we’re here to help. Contact us today for expert guidance on T visa applications and work authorization, and start your journey to legal protection and stability.